When your hearing date arrives, you or your lawyer can present an argument to prevent the automatic suspension of your driving privilege due to a DUI arrest. If you make this request by the deadline, this will stop the suspension from going into effect after 15 days. You can do this by delivering a written request for your hearing at your local Motor Vehicle Division or sending a fax or email. You must request your hearing within the 15-day window. You can do this by challenging your license suspension at the MVD hearing. It may be possible to retain your driving privileges if you’ve been arrested for an alleged DUI. Can You Avoid Losing Your Driving Privilege After a DUI Arrest? If you refuse a breathalyzer test, the automatic suspension time is one year. If you choose not to request an MVD hearing or the agency decides to suspend your license anyway, expect a suspension period of 90 days to one year, depending on the circumstances. The MVD – not the criminal courts – is the agency responsible for driver’s license suspension in most DUI cases in Arizona. The police officer may also confiscate your license.
The arresting officer will give you a form that advises you that your driver’s license will be suspended in 15 days unless you request an administrative hearing with the Arizona Motor Vehicle Division (MVD). If you refuse to take the test, your license will also be suspended. If the test shows that you have a blood alcohol concentration level at or above the legal limit of 0.08 percent, your driver’s license will be suspended on the spot. If you get pulled over on the suspicion that you are driving under the influence of drugs or alcohol, the police will ask you to take a breathalyzer test or another type of drug or alcohol test. Are Driver’s Licenses Always Suspended for DUIs? A DUI defense lawyer in Glendale can help you avoid license suspension. In Arizona, you can request a hearing with the Motor Vehicle Division and argue for your right to drive. Even before your criminal trial, however, your license could be suspended simply for being arrested for a DUI. If you are found guilty and convicted of a DUI, you could lose your driving privilege as part of your punishment. Driving under the influence, or DUI, is against the law in Arizona.
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