Why is my license suspended when I am still innocent until proven guilty of DUI?
In Arizona, when you get your license, you agree that you will lose your license if you are arrested for DUI. (You probably didn’t read the small print, no one does).
The law says that if an officer arrests you for DUI, and law enforcement gets your breath or blood pursuant to Admin per se, then your license will be suspended if the results are above a .08 or a prohibited drug is detected. Your license will also be suspended if results are not available, and you do not ask for a hearing.
Procedurally, what happens is, an officer gives you a pink sheet of paper at roadside and confiscates your license. Your license will be suspended fifteen days after your arrest unless you ask for a hearing.
You can request a hearing on your own, or with the assistance of an attorney. Once a hearing is requested, your suspension is stayed. At the hearing, the Administrative Law Judge, at a hearing that is completely distinct from your criminal case, will decide:
Whether the officer had reasonable grounds to arrest you for DUI
Whether you were in fact arrested for DUI
If a blood or breath was taken, and
The test indicated .08 or more (or .04 for CDL), or a prohibited drug
Whether the testing method was reliable and valid
Whether the test results were accurately evaluated
Under ordinary circumstances for first-time offenders, a license suspension after a DUI arrest lasts 90 consecutive days. Once suspended, you cannot get your license back until you complete alcohol or other drug screening at an approved counseling agency. If you get this screening done within the first thirty days, you can drive from work and school, probation, and treatment.
There are pros and cons to requesting a hearing after a DUI arrest, so it is important to consult with an experienced DUI attorney after a DUI arrest. Amanda Bynum at AJB Law Firm has specialized training and experience in DUI defense including Motor Vehicle Hearings. AJB Law firm offers free consultations. Contact Amanda at 520-333-79799 via text or call to talk today.
Reference: A.R.S. 28-1385
