The officer took my license and served me with a notice of suspension after the breath test. How can he do that if I'm presumed innocent?
Agreed, it is blatantly unfair. But Arizona’s "Implied Consent/Admin Per Se" statute provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit).
It is essential to understand that a DUI involves two independent and unrelated proceedings: Criminal proceedings on the DUI charge(s) and an administrative proceeding before the Department of Motor Vehicles against your driving privileges. Therefore, it essential for you--or your attorney--to request a D.M.V. hearing within 15 days of your arrest. The effect of such a request is to "stay," or postpone your administrative suspension until the matter can be heard by an Administrative Law Judge.
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