License Suspensions after a DUI
MVD Consequences of a DUI
Following an arrest for a DUI, you will face an automatic license suspension in Arizona. This license suspension occurs whether or not you have been to court, whether or not you blew into a breathalyzer or had your blood drawn, whether or not you were actually driving while impaired.
In the stack of paperwork provided to you when you were arrested is a form called the "admin per se." In this form, the officer writes why he or she believes there was probable cause to believe you were driving while impaired. At the bottom of the form the officer checks one of two boxes. If you consented to the breath test or blood draw, the officer checks the box indicating a 90 day suspension. If you refused the breath or blood test and the officer instead had to get a warrant, he or she will check the box indicating a one year license revocation. (Even if you get a suspension you may be eligible for a restricted license, discussed below).
If you do nothing, your license will likely be suspended 15 days after the arrest. However, you can prevent this automatic suspension by requesting a hearing with MVD here.
Once you request a hearing, the license suspension will be delayed until the hearing. At the hearing, the MVD Judge determines if there was probable cause to believe you were impaired while driving. If the Judge finds there was, your license suspension will go into effect after the hearing. If there was not probable cause, you will not have a license suspension (unless your lose your criminal case).
You can have a lawyer represent you at the MVD hearing. However, public defenders are not able to represent you in these hearings. If you want a lawyer to represent you in the MVD hearing, interview and hire a lawyer you trust.
Obtaining a Restricted License
If your license is suspended for 90 days, you are able to apply for a restricted license after you serve the first 30 days of your suspension. You must first complete an alcohol or drug evaluation before you can get the restricted license. The restricted license will all you to drive to and from work, school, etc. At the end of the 90 total day suspension, you must go back to MVD to get your full license reinstated.
See our complete list of approved Pima County alcohol and drug evaluation facilities.
Contact us for a free consultation to learn how we can help with an MVD hearing.