Comprehensive Arizona DUI Information
MVD Administrative License Suspensions In Arizona
DON'T MISS THE 15-DAY ARIZONA MVD DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING
WHAT? THEY HAVE TWO CHANCES TO SUSPEND MY LICENSE?:
When we talk about a first offense DUI in Arizona, there are two possible license suspensions that flow directly from the DUI (presuming that the DUI is charged as a misdemeanor and not a felony). The suspension will be for either 90 days, or for one year, depending upon whether the suspect successfully completed a chemical test without the officer obtaining a search warrant.
One of the most confusing parts of being charged with a first offense DUI in Arizona is the fact that there will actually be two separate and distinct cases against you. How can they do this? Isn't it double jeopardy? The answer is no.
Why is the answer no? The State has two shots at taking your driver's license after a DUI arrest because one suspension flows from a criminal conviction while the other is in regards to your "privilege" to drive. Since one case in civil in nature, and double jeopardy only applies to criminal cases, the State has two chances to remove you from Arizona's highways.
As part of exercising the "privilege" to drive in Arizona, the law
says that any person who drives a motor vehicle in Arizona gives consent
to a test or tests of their blood, breath, urine or other bodily
substances. This is so law enforcement officers can determine alcohol concentration or
drug content if the person is arrested for DUI. In essence, by driving
in Arizona, you have already consented to the test.
Can I choose the type of test? No.
Under Arizona Law, the Police Officer chooses the type of test, and
administers it at his/her direction, so long as the officer has reasonable
grounds to believe that the person was DUI.
HOW IT HAPPENS:
Following an arrest, the officer should request the subject to submit to
and successfully complete any test mentioned above that the officer
designates. If the subject refuses to submit to the test, or does not
successfully complete the test, his/her license will be suspended for 12
months for a first refusal, or for 2 years for a second or subsequent
refusal within a period of 60 months.
Any failure by the person arrested for DUI to expressly agree to the
test, or to successfully complete the test is deemed a refusal.
Sometimes the Intoxilyzer machine is not working, and the officers,
being too poorly trained or too narrow-minded, decide that it is your
fault, that you are playing games with the breath test machine.
Prior to the test, the suspect must be informed that if the test shows a
blood or breath alcohol concentration (BAC) of 0.08 or more if the
arrest involved a personal vehicle, or 0.04 or more if a commercial
vehicle was involved, the person's license will be suspended for at
least 90 consecutive days.
Any person who is dead, unconscious or otherwise incapable of refusing
to submit to a test is deemed not to have withdrawn consent for the
test, and a test can be administered (usually a blood test).
IF YOU REFUSE THE TEST:
If you refuse, under Arizona's implied consent
law, the following will happen:
A. The test will not be given (unless the officer obtains a search
warrant, in which case he/she can immobilize you and forcibly draw your
blood.. this is standard practice in many jurisdictions);
B. The officer will file a certified report with the department of motor
vehicles;
C. The officer will serve you with an order of suspension that is
effective 15 days after the date the order is served;
D. You will be required to immediately surrender your license or permit
if it is in your control;
E. If your license is surrendered, the officer will issue a temporary
permit that is good for 15 days;
When the department receives the certified report from the officer, the
department will enter the suspension into its records on the effective
date unless a written request for a hearing is made by you.
THE HEARING:
The MVD hearing is a civil proceeding, which is different from the
criminal case. It is common knowledge that in order to find a defendant
guilty of a crime, it must be proven beyond a reasonable doubt. In civil
proceedings the standard of proof is much less difficult for the State.
In the criminal DUI case in Arizona, you have a right to a jury trial.
In the civil case you do not. An Administrative Law Judge decides both
the law and the facts when it comes to your MVD hearing.
You must request your hearing within 15 days. If you don't, your license
will automatically go into suspension, and you will not be able to fight
it. If you have retained our office to represent you and we have signed the
retainer agreement and received your retainer deposit before the
expiration of the 15 day period, we will be happy to make the hearing
request on your behalf. Please note that we will not make the request
for you unless we officially represent you.
THE BOTTOM LINE:
In Arizona, when you are arrested for DUI, the civil license suspension
case can, and usually does, precede the criminal case.
Forget all you've heard about double jeopardy. You can be tried twice
for the same crime! If you have been arrested for DUI, you must face
prosecution in court, as well as license suspension proceedings with the
Arizona Department of Motor Vehicles.
Think of the two cases as separate... except for one critical factor.
They both arise out of the same action on your part. You were pulled
over for drunk driving.
To get help fighting MVD suspension, contact us today.