If you are arrested for a DUI you are facing action by the Motor Vehicle Division (MVD). At times the MVD takes action even before you've gone to court on the DUI. A DUI conviction can trigger even more action against your license by the MVD. Only an experienced DUI attorney knows the ways to navigate the maze of requirements and minimize the damage. A good attorney can help you avoid things like having to get an SR-22 in some cases.
The MVD suspension process can begin at the time of arrest or through the mail. At the time of arrest the officer should read the Implied Consent warning before asking the defendant whether he or she will agree to take the blood or breath test. That warning says that refusing to take a chemical test can result in the loss of driving privilege for one year. If the officer says you refused the blood, breath or urine test he will hand you a yellow and pink copy of the Implied Consent/ Admin Per Se affidavit when you are released. If you receive that form at the time of arrest, the clock is ticking and need to someone to represent you right away.
The Admin Per Se suspension usually begins through the mail if you have given blood. If you take a breath test (like in Tempe) the officer will hand you the implied Consent/ Admin Per Se affidavit described above. Whether it starts with a letter from MVD or with the forms at the scene you have 15 days to request a hearing.
I know the MVD rules and I can help you. I explain the different types of suspensions in different pages.
Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.
Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car.