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Save Your Driver’s License From A DUI

Posted by Shawn Hamp | Aug 12, 2014 | 0 Comments

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One of the most devastating impacts of a DUI is losing your driving privileges.  Under Arizona law, a police officer must confiscate your license and serve you with an order of suspension if arrested for a DUI.  Even if you submit to a blood test with no immediate indication of your Blood Alcohol Level, you will be subject to an automatic suspension for 90 days.  A refusal to submit to a blood test or breathalyzer could result in an extension to a 12 month suspension.

YOU HAVE THE RIGHT TO AN ADMINISTRATIVE HEARING IN ARIZONA.

The suspension of your driver's license is MANDATORY.  The suspension will go into effect 15 (fifteen) days from the date of arrest or the date of  service of the order of suspension.  The suspension is automatic UNLESS you request a hearing with the department of motor vehicles within that first 15 (fifteen) days.

Most individuals arrested for a DUI do not realize that they have a right to a hearing before the suspension goes into effect.  This type of hearing is called an Admin Per Se hearing.  The Executive Hearing Office of the Arizona Department of Transportation conducts the hearing either in person in the Phoenix or Tucson areas, or by video conference in the rural areas of the State.  In Mohave County, the hearings are conducted via video at the Arizona Motor Vehicle Department at 3670 Andy Devine in Kingman, AZ.

Once a hearing is requested, there is a stay on the suspension, and the suspension will not go into effect until the hearing is conducted.  It usually takes several months before the hearing is scheduled and takes place.  A driver who does get served with the order of suspension can still legally drive before the privilege ever gets taken away.  The paper form that is issued for the order of suspension will become the driver's license until the hearing is completed.

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REQUEST A HEARING IMMEDIATELY.

A hearing has to be requested.  Individuals arrested by DUI often do not consult an attorney before their license gets automatically suspended.  An attorney can make a request for a hearing on your behalf or an individual can make a request several different ways:

  • Online: Using this secure email link which encrypts your personal information.
  • Mail: By sending request to the following address:
    Executive Hearing Office
    Arizona Department of Transportation
    P.O. Box 2100
    MD 507M
    Phoenix, AZ 85001
  • Fax: Send your request to 602.241.1624.
  • Personal Delivery: Visit the Executive Hearing Office at 3737 N. Seventh St., Suite 160, in Phoenix, or any MVD office statewide.

A request for hearing form can be found at this link.

YOU MAY STILL BE SUBJECT TO SUSPENSION WITH A CRIMINAL CONVICTION.

The criminal trial and the Executive Hearing Office proceedings are different and separate hearings. The outcome of one will not affect the other. If a hearing is requested, you or an attorney on your behalf must appear. If you do not attend, a default judgment could be entered against you and the suspension will go into effect.

Since the hearings are distinct, you could prevail in your civil admin per se hearing but still get convicted for a DUI offense.  If convicted for a criminal DUI, the Court will send an MVD abstract notifying AZ MVD of the DUI conviction.  MVD will still suspend your license.  You will not get your license suspended twice but you should consult with an attorney to discuss which order of suspension should be allowed to go  into effect first.

Don't let your DUI suspension be automatic.  Make the suspension happen on your own terms.  Consult with an attorney to find out what defense options you may have in your individual DUI case.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

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