Arizona
License DMV Suspension
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.
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.
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