License Suspension Hearings Tucson DUI Lawyers Representing You at the Arizona MVD
One of the harshest consequences of a DUI arrest is the suspension of your driving privileges. As the leading Arizona DUI defense firm, St. Louis Huffman has conducted scores of successful hearings at the Arizona Motor Vehicle Division (MVD). We take decisive steps to restore your right to drive.
Scheduling a Hearing — Time Is of the Essence
If you are arrested for DUI, the arresting officer will conduct a breath or blood test. If you are given a breath test, and the result is over .08, the officer will seize your driver’s license on the spot and file an affidavit asking that your driving privileges in Arizona be suspended. If you are given a blood test, the officer may wait until your blood test results are reported, and, if they are over .08, file the affidavit at that time, or he or she may file it right away, and ask that your license be suspended on the basis that the results are not available. If an affidavit – called an “admin per se” form – is filed, you have 30 days to request a hearing.
If you request a hearing within 30 days, your license will not be suspended, and the matter will be set for a hearing at an Arizona Department of Transportation Motor Vehicle Division office, where a hearing officer will determine whether your license will be suspended. If you don’t ask for a hearing within 30 days, your driver’s license will be suspended, but the length of the suspension depends on the actions you take. In a non-accident, non-injury case with no prior suspension due to a DUI arrest within 84 months (or DUI conviction within 84 months), if you have a valid Arizona driver’s license, your driving privileges will be suspended completely for 30 days, and, if you complete an alcohol evaluation – essentially an interview – with a qualified treatment agency, you will then have a restricted license – to and from work, school and medical appointments – for the next 60 days. If you don’t complete the evaluation, or have an out-of-state driver’s license, the suspension will be for 90 days.
If the arresting officer determines that you have refused to take a breath or blood test after being arrested, he or she will file an affidavit requesting that your license be suspended for one year. If you do not request a hearing within 30 days, your driving privileges will be suspended completely for 90 days, and if you complete an alcohol evaluation and install an ignition interlock – a breath testing unit – in your vehicle, you will receive a restricted driver’s license– to and from work, school and medical appointments - for the next 9 months. If you do not complete the evaluation and install the ignition interlock, your driver’s license will be suspended for one year.
