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.
Commercial Driver’s License Issues:
If
you have a commercial driver’s license, a DUI can have devastating consequences
to your life, even if you are driving your personal vehicle when you are cited
for DUI. Pursuant to Federal regulations, if you are convicted of a DUI, your
CDL privileges will be revoked for one year. If you are convicted of DUI a
second time, your CDL will be taken for the rest of your life. If you drive for
a living, getting a DUI could put you out of business. If you fall into this
category, it is especially important that you fight your case as aggressively as
possible.”
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.