| If you find yourself arrested for Driving Under the | | | | Administrative Hearing and mail it, within 15 days of |
| Influence of Alcohol (DUI) in the State of Arizona, and | | | | service to you by the police, to: Arizona Department of |
| you have submitted to a breath, blood, or urine test, | | | | Transportation, Executive Hearing Office, Mail Drop |
| and the results of the test reveal a blood/breath | | | | 507M, P.O. Box 2100, Phoenix, AZ 85001-2100. Do not |
| alcohol result of .08% or higher, or you have refused | | | | select Summary Review; this will not get you a hearing, |
| these tests, you can expect to be involved in two | | | | but merely a review of the paperwork submitted by |
| separate legal proceedings. | | | | the police. |
| 1. A criminal proceeding in court | | | | In the criminal case, if you plead guilty to the charge of |
| 2. A civil proceeding with the Department of Motor | | | | DUI, or if you are found guilty, you will be sentenced in |
| Vehicles (MVD) and the likely suspension of your | | | | accordance within the present Arizona DUI sentencing |
| driver license. | | | | guidelines. When the State receives notification of the |
| These two proceedings are mutually exclusive; the | | | | verdict, your driver license will be suspended for 90 |
| outcome of one will not affect the other. You could | | | | days. However, if you are a first offender, or you have |
| win both matters or lose both matters. How the MVD | | | | had no DUI convictions within the past five years, and if |
| driver license hearing is handled is extremely important. | | | | you took the breath, blood or other required test, and if |
| Your DUI arrest begins your criminal proceeding. The | | | | you have been found guilty in the criminal proceeding, |
| consequences of this -- plea of guilty, or a verdict of | | | | or you feel that such a result is likely, then you may |
| guilty following a jury or bench trial -- could result in | | | | wish to agree to a suspension of your driver license |
| mandatory jail time, fines, fees and assessments, | | | | prior to or at the MVD hearing. |
| supervised or unsupervised probation, as well as a | | | | Agreeing to the suspension will entitle you to a 60 day |
| criminal record. The civil proceeding is conducted | | | | restricted driving permit following a 30 day suspension. |
| before an administrative hearing officer at the MVD. | | | | The suspension is still classified as a 90 day |
| This proceeding deals with a possible suspension of | | | | suspension. To obtain the restricted driving permit, you |
| your driver's license, or if from out of state, your | | | | must apply at a local MVD office following the first 30 |
| privilege to drive in Arizona. The arresting police | | | | days of the suspension. Agreeing to the suspension |
| officer will serve you with a "Notice of Suspension." If | | | | will generally resolve the civil proceeding sooner and |
| you have been arrested in Arizona for DUI and you | | | | oftentimes well before the resolution of your Criminal |
| take a breath, blood or urine test, and the results | | | | matter in court. This is advantageous as you get the |
| measured a alcohol concentration of .08% or more | | | | suspension over with sooner and under less onerous |
| within 2 hours of driving, or you refuse to take the | | | | circumstances. Agreeing to the suspension will |
| blood, breath or other chemical test, the arresting police | | | | generally result in no further suspension of your driver |
| will serve you with a 90 day driver license suspension | | | | license if you later plead or are found guilty of your DUI |
| notice, or in the case of refusal, a 12 month driver | | | | in court. In the case of a stipulated suspension from |
| license or driving privilege suspension. The police should | | | | MVD, there will be no requirement that you post proof |
| give you two copies of this form. | | | | of Financial Responsibility before your Arizona driver |
| If your test results indicate a result of .08% or higher, | | | | license or privilege is reinstated. Agreeing to the |
| the police will seize your Arizona driver license, and | | | | suspension will allow you to select the day you want |
| issue you a temporary license which is valid for 15 | | | | your suspension to begin, so long as the suspension |
| days, or, if you request a hearing within the 15 day | | | | start date is within 45 days of your MVD hearing date. |
| window, until the hearing is conducted and the | | | | This allows flexibility in arranging transportation to work |
| outcome determined. Since the police confiscated your | | | | or school during the initial 30 days of the suspension. |
| driver license, the yellow copy of the suspension notice | | | | NOTE: If you request a hearing and actually go through |
| is your temporary driver license. | | | | with it and lose, the only difference is that your will not |
| If you are from out of state, the police cannot seize | | | | be able to choose the day the suspension begins. You |
| your driver license. They will serve you with a notice of | | | | should still be eligible for the 30 day driver license |
| suspension of your privilege to drive in Arizona. The | | | | suspension followed by the 60 day restricted driving |
| suspension will take effect 15 days after service | | | | permit. |
| unless you request a hearing within the 15 days. If a | | | | If you agree to the suspension, you do not get a |
| hearing is requested, your privilege to drive in Arizona | | | | hearing with the administrative law judge. You do not |
| will not be suspended until the hearing is conducted and | | | | get to challenge the police officers or contest the |
| the outcome determined. | | | | evidence in the civil hearing. Sometimes this hearing |
| If you refused to take the breath, blood or urine test, | | | | may be important to gather critical evidence in your |
| the police will serve you a notice of a 12-month | | | | DUI case. However, this decision should not be made |
| suspension of your driver license, or privilege to drive if | | | | without first discussing your DUI case and individual |
| you are from out of state. This suspension becomes | | | | circumstances with an experienced DUI defense |
| effective 15 days from the date of service unless you | | | | attorney. |
| request a hearing. If a hearing is requested your driver | | | | If you have the Administrative Hearing and win, and |
| license or privilege to drive in Arizona will not be | | | | later lose your DUI case, either through a plea or finding |
| suspended until the hearing is conducted and the | | | | of guilty at trial, MVD will suspend your driver license |
| outcome determined. If your refused to take a breath, | | | | for 90 consecutive days. There is no eligibility for a |
| blood or urine test, it is likely that the police obtained a | | | | restricted driving permit following the first 30 days of |
| search warrant and obtained your blood anyway. If | | | | the suspension. Further, if you are convicted either |
| this is the case, your driver license or privilege to drive | | | | through a plea or finding of guilty in court you will be |
| will still be suspended for 12 months even though the | | | | required to provide proof of financial responsibility |
| police obtained your blood through the use of a search | | | | (insurance) for three years by filing with the State of |
| warrant. | | | | Arizona either a $40,000 cash deposit, or Certificates |
| A request for hearing must be submitted in writing to | | | | of Deposit (CD's) totaling $40,000 or a Certificate of |
| the MVD. Generally, the pink copy of suspension form, | | | | Insurance (SR22). This Financial Responsibility |
| furnished by the police, is used to request this hearing. It | | | | requirement could have significant cost implications for |
| is important to fill out the information completely and | | | | you, depending upon your selection of acceptable |
| accurately on the back of the pink form. You must | | | | Financial Responsibility filings and/or your insurance |
| check the box indicating you are requesting an | | | | carrier's underwriting requirements. |