Overview
Since DUI and DWI’s involve driving, the Department of Motor Vehicles also plays a role in your case. In addition to the judge in your criminal case issuing an order to suspend or revoke your driver’s license as part of your punishment, upon a report from the police department after your arrest on a DWI/DUI charge, the DMV automatically suspends your license for 90 days upon a BAC of .08% or higher in blood or breath testing, or for a year upon an arrestee’s refusal to consent to the testing. However, you may challenge this suspension if you meet the required criteria.
Breath Test and Refusal Cases:
The decision of whether one should consent to a breath test, or refuse and accept the consequences is very fact-based and depends on the individual circumstances of the case. However, here are some very general guidelines. But remember, ask to call and talk with a DUI lawyer in Arizona at the Law Offices of David Michael Cantor, P.C., BEFORE making this decision.
In most first offense circumstances, it is wise to consent to a blood, breath, or urine test to determine your BAC after an arrest for DUI or DWI because refusal to consent results in one (1) year suspension of your driving privileges. In contrast, a breath test that comes back at a .08% or higher results in only an automatic ninety (90) day suspension, and a restricted driver’s license is possible.
If you have previously been convicted of a DUI/DWI within seven (7) years, it is wise not to consent to the test. Upon conviction for the second offense, you would have to serve a mandatory thirty (30) days or more in jail and will lose your license for one (1) year anyway. Thus, rather than risk the jail-time, it is wise to refuse to consent. But note: if you have previously refused to consent to a test, you will lose your driving privileges for two (2) years if you refuse to consent a second time.
If you do refuse, the officer can phone a magistrate in order to secure a “telephonic search warrant”. Once they receive this document, the officer will show it to you. At this point, if you do not cooperate in giving blood, the officers have the authority to hold you down and forcibly take the blood. Regardless of whether you have previously refused, it is always wise to agree to give blood once you are actually shown the search warrant. If you do physically resist, you can be cited with Obstruction of Justice, Aggravated Assault on an officer, Interfering with Judicial Proceedings, and numerous other charges.
WARNING: If you are currently required to have an Interlock Device on your car and you refuse to give a blood, breath or urine sample to an officer, then you can be charged with a Felony Aggravated DUI, under A.R.S. §28-1383 Additionally, a refusal to submit to a chemical test now carries a civil penalty of $500.00!
Remember, ask to call and talk with a DUI Lawyer in Arizona BEFORE making this decision.
Legal Update on DUI, DWI, Extreme DUI
As of August 12, 2005 a refusal to submit to a chemical test now carries a civil penalty of $500.00!
Legal Update on DUI, DWI, Extreme DUI
As of February 1, 2006 in certain situations, it will be possible to obtain a “work permit” to drive to and from work, school, or alcohol classes if you were suspended for refusing a chemical test (i.e., an “implied consent” suspension).
A document called the Administrative Per SE/ Implied Consent Affidavit usually is issued to the driver when the results of the BAC test is .08% or higher, or if you refused to submit to the test. The document consists of a pink and yellow piece of paper. A request for a hearing must be made within fifteen (15) days from the time the Affidavit was served. This is accomplished by filing out the back of the pink sheet and sending it to the DMV address on the upper left hand of the front side. If you retain the Law Offices of David Michael Cantor, P.C., then we will immediately file an official “Request for Hearing” pleading on your behalf. If this is not done, then on the 16th day the ninety (90) day suspension will immediately go into effect if you were above a .08%, or a one (1) year suspension if there was a refusal to submit to a blood, breath or urine test.
If the request for hearing is made within the fifteen (15) days, a “Hearing Date Notice” will usually be mailed out two (2) months later. The actual Hearing Date will be a month after receiving the Hearing Date Notice. During this two (2) to three (3) month time span, your license is valid and you are allowed to drive (assuming it was valid before the DUI stop). You will have the yellow copy in your possession which will serve as your “Temporary License”. If you are stopped by an officer during that period of time and he informs you that your license is suspended, simply tell him that we are your DUI Lawyers in Arizona and we have requested a hearing on your behalf. If he still cites you for driving on a suspended license, don’t panic. Simply bring in the ticket and we will take care of it. If he arrests you for driving on a suspended license, you can sue him for false arrest.
Prior to the actual DMV hearing, if you have retained the Law Offices of David Michael Cantor, P.C., we will have you in for a “Pre-DMV consultation”. At this consultation, we will go over the police report with you in detail and discuss whether it will be necessary for you to appear at the hearing. We will also discuss various options regarding whether to “Void” the suspension, or whether to actually “Stipulate” to the suspension in order to receive a “Work Permit”. This will also have ramifications nullifying any potential future suspension which could result from the criminal case. All of this will have to be discussed one-on-one with a DUI Lawyer in Arizona in our office.
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