Arizona
DUI -- Administrative Hearings and Driver's License
Suspension
ACT NOW -- YOU MAY HAVE LESS THAN
15 DAYS TO SAVE YOUR DRIVER'S LICENSE
When you deliver a sample of blood, breath or urine
showing an alcohol concentration of .08 or greater,
certain administrative sanctions may apply through the
Arizona Department of Motor Vehicles in addition to
the criminal charges pending against you. If you fail
to take immediate action your privilege to drive in
the state of Arizona will be automatically suspended
or revoked for a period of 90 days to two years. Longer
periods of revocation may apply if you are convicted
of "Aggravated DUI."
If your alcohol concentration purports to have been
.08 or greater, the police gave you two copies of an
"Admin Per Se / Implied Consent Affidavit."
You were given the pink and yellow copies of this form.
This document constitutes notice that you have 15 days
from the date of your arrest to request a hearing in
the matter of the administrative or implied consent
suspension of your driving privileges. A timely request
for a hearing stays the suspension of your driving privileges.
The DMV hearing is also an excellent discovery tool.
The hearing before the Department of Motor Vehicles
usually takes place months before your criminal trial
on the DUI charges. Apart from the issue of your right
to drive, the hearing provides the first opportunity
to commit police personnel to a "story" under
oath. Inconsistencies between their testimony at the
DMV hearing and their testimony at trial provides valuable
grounds for impeachment.
Our office will file the necessary paperwork to protect
your right to drive pending a hearing before the Arizona
Department of Motor Vehicles. At the hearing before
the Department, the State will be represented by professional
witnesses intent on depriving you of the right to drive.
You will not be alone. You will be represented by knowledgeable
and experienced counsel who will fight for your rights.
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