Blood and Urine Cases

If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your results come back above or below a .08%. It usually takes anywhere between one (1) and six (6) months to get your results back. If your blood results are above a .08% the officer will forward a request for suspension to the DMV office. The DMV office will then notify you with a “Corrective Action Notice” (i.e., notice of suspension). The moment you receive this from the DMV, contact us immediately so we can request a hearing on your behalf. This request needs to be done within fifteen (15) days of the date of that suspension notice. What can be confusing is that the Corrective Action Notice will state that the suspension will not go into effect until twenty (20) days after mailing of the notice. Do not let them fool you with this extra five (5) days; you must request a hearing within the fifteen (15) day period. If you are stopped by an officer after we have requested a hearing, you will not have a yellow copy of a temporary driver’s license in your possession. His computer should reveal that we have requested a hearing on your behalf. If he still writes you a ticket for driving on a suspended license, do not panic. Simply bring it to us and we will take care of it. If he arrests you for driving on a suspended license, you can sue the DMV for not imputing the hearing request into the computer (assuming you were not already suspended prior to your DUI, DWI, or Extreme DUI 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 or not. 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 with regards to the first offense situations 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.