Once you get arrested for DUI in the state of Arizona, you will first be submitted to a blood alcohol test in the form of a blood, urine, or breath test to determine your blood alcohol content or BAC. If your results show an alcohol level of .08% or higher, you will be charged with either a civil or attorneys“>criminal DUI case, or even both. This can also happen if you refuse to take the BAC test.
The attorneys“>criminal proceeding starts as soon as you are arrested. You can be sentenced with a specific amount of jail time, fees, fines, and probation, depending on the circumstances of your arrest and the severity of your DUI offense. On the other hand, a civil proceeding requires the presence of an administrative hearing officer. You can be sentenced with license revocation or suspension in this hearing.
What happens to your license also depends whether or not you are a resident of Arizona. If you are from Arizona and your BAC result is .08% or higher, your Arizona driver’s license will be seized. Instead, the police will issue you a 15-day temporary license, which is the window period for a hearing to take place. This temporary driver’s license will be effective until the outcome of the hearing is determined.
Lucky for non-Arizona residents, their license will not be confiscated. Instead, they will be given a notice of suspension for their privilege to drive in the state. Again, there is a 15-day window period for a hearing to take place.
Refusal to take a BAC test can result to a one year suspension of your driver’s license. If you are not from Arizona, you will lose your privilege to drive in the state for 12 months. However, even if you refuse to submit yourself to a BAC test, the police will still be able to obtain your blood sample through a search warrant. These can be avoided if you request a hearing, and you will be sentenced once the outcome of the hearing is determined.
It is your right to request a hearing because if you simple plead guilty, you will be charged according to the sentencing guidelines of Arizona DUI cases. However, if you try to fight your DUI case, there is a chance that you will be given a lighter sentence, especially if you are a first time offender. To request for a hearing, you should fill out the required information in the pink suspension form given to you by the police. Check the box saying that you are requesting for an administrative hearing and mail it to the Arizona Department of Transportation Executive Hearing Office within 15 days.
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