Aside from the criminal charges in municipal, justice or superior court, every DUI has an administrative side. If a person’s alcohol concentration is above .08%, or if there are drugs in their system, MVD will suspend their driving privileges. The administrative and criminal aspects of a DUI are separate and distinct actions.
When you obtain a license to drive in Arizona, or actually drive on the roadway in Arizona, you consent to give a sample of your blood breath or urine if you are arrested for DUI. This is known as the “Implied Consent” law. All drivers impliedly consent to give this sample if arrested for DUI.
After a DUI arrest, it is the officer’s choice as to which type of test to administer. Some jurisdictions administer both a breath and blood test. The arrested person has two options when asked to submit to the tests. They can agree to submit to the test, or they can refuse. There are ramifications for both decisions.
If the officer administers a breath test and it is above .08%, the officer will seize the person’s license and suspend their privilege to drive for 90 days. That is called the “Admin Per Se” suspension. If the officer administers only a blood test, they will likely not suspend until they have the actual results back from the crime lab. Once those results come in, the officer will send them in to MVD and MVD will send the suspension notice to the arrested person that their driving privilege will be suspended for 90 days.
If a person refuses to submit to the tests, their Arizona license will be seized and their privilege to drive will be suspended for 12 months. This is known as an “Implied Consent” suspension. If they have previously refused such a test within 7 years, the suspension period for this “refusal” will be for 24 months. In any event, the officer will then likely apply for a search warrant and can then take blood from a suspect, even by force if necessary.
These suspension will go into effect within 15 days of arrest unless the person arrested for DUI requests an administrative hearing. That is why it is important to contact a Certified Criminal Law Specialist in order to discuss your MVD issues after you have been arrested for DUI. Todd K. Coolidge has conducted hundreds of these types of hearings and has the skill, experience and knowledge to guide you through the MVD portion of your DUI.
If you have a license from another state, Arizona does not have the authority to suspend that license. However, Arizona does have the authority to suspend your privilege to drive here in Arizona. The 90 day suspension will be a full 90 days of no driving. In addition, your home state may take additional separate action against your driver’s license. It is recommended that you contact an attorney from that state in order to determine if there will be further action.
Dealing with MVD can be frustrating and tedious for those not familiar with the DUI and licensing statutes. Certified Criminal Law Specialist Todd K. Coolidge has been providing excellent representation to the accused driver for over 25 years. Aside from suspension/revocation issues, Mr. Coolidge is versed to represent you with regard to points suspensions, interlock issues, and ultimately reinstatement of licenses after revocation.