Each Admin Per Se Suspension case is unique and should be evaluated immediately by an experienced DUI lawyer.
Refusal/Implied Consent
If you have an Arizona license and you refuse to submit to an analysis of your blood, breath or urine after being arrested for DUI your license will be automatically suspended unless you request a hearing within 15 days of your arrest.
A request for a hearing stays the suspension and you retain your driving privileges even though your driver’s license has been physically taken from you. Your driving privileges will remain in effect until the time of the final determination of the Department of Motor Vehicles as to whether or not your license should be suspended. Hearings are civil cases and are decided by an Administrative Law Judge not a jury.
Admin Per Se Suspension
Your Arizona license can also be suspended if the police officer had probable cause to arrest you for DUI and it is determined that pursuant to an analysis of your blood, breath or urine, your blood alcohol level is .08 or higher or if the results show there is any drug defined in section 13-3401 or its metabolite in the person’s body and the person does not possess a valid prescription for the drug.
Your driver’s license will be automatically suspended for 90 days unless you request a hearing with the Arizona Department of Transportation within 15 days of your arrest. Prior DUI convictions within seven years change the suspension rules. A request for a hearing stays the suspension and you retain your driving privileges even though your driver’s license may have been physically taken from you. Your driving privileges will remain valid until the time of the final determination by the Administrative Law Judge as to whether or not your license should be suspended.
Along with the risk of loss of license, an experienced DUI lawyer can help analyze the associated risk that you may be required to purchase and maintain SR-22 insurance. (High Risk Insurance Premiums). SR-22 insurance is a penalty associated with Arizona license suspensions that can cost the driver thousands of extra dollars. An experienced DUI lawyer knows how to navigate the system and how to avoid the SR-22 requirement. Contact Attorney Robert A. Butler today for a free consultation.
