DUI License Suspension Hearing
In Arizona, any individual suspected of driving under the influence of alcohol or controlled substances can receive an automatic suspension of their driving privileges if they refuse to submit to chemical testing, or if they submit to chemical testing, but fails the breath, blood or urine alcohol concentration test.
This type of suspension, also known as the administrative license suspension, is not a criminal penalty for a driving under the influence (DUI) conviction. The administrative license suspension is commonly known as a civil penalty and is separate from any subsequent criminal penalties or proceedings that may arise from a DUI charge or conviction. An individual can be charged with an administrative license suspension even if they are not later charged with a driving under the influence offense.
An individual who has received an administrative license suspension can request a hearing to possibly have their license reinstated. However, the window to request a hearing is very short – only 15 days after the suspension. Therefore, it is essential to immediately hire an experienced DUI defense attorney to help you request a hearing and represent you at your hearing.
Mesa DUI License Suspension Hearing Lawyer
If your driver’s licenses has been suspended after suspicion of driving under the influence in Mesa, or any of the surrounding areas in Arizona, including Phoenix, Gilbert, Tempe, Chandler, Scottsdale or East Valley, contact the Law Office of James E. Novak. Attorney James Novak is knowledgeable in all areas of Arizona’s drinking and driving laws and will make every effort to help you have your license reinstated after an administrative license suspension. Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your administrative license suspension.
Arizona DUI License Suspension Hearing Information Center
Back to top
Mesa Administrative License Suspension
As defined in section 28-1321 of the Arizona Revised Statutes, every driver in Arizona who operates a motor vehicle on a public road gives their implied consent to submit to chemical testing if they are pulled over on suspicion of driving under the influence.
An individual who is arrested for DUI and refuses to submit to chemical testing can receive an automatic administrative license suspension. Additionally, if an individual agrees to submit to chemical testing, but fails the breath, blood or urine test, they can also receive an automatic administrative license suspension.
Any failure to expressly agree to take a chemical test or to successfully complete a test is considered a refusal under Arizona law. Additionally, if the driver is dead, unconscious or otherwise in a condition that makes them incapable of refusing to submit to chemical testing, they will be deemed to have refused the test.
According to ARS § 28-1321(B), the license suspension periods for refusing to submit to a blood, breath or urine chemical test in Arizona are:
- One year for a first suspension; and
- Two years for a second or subsequent refusal within a period of 84 months.
The Arizona Revised Statutes § 28-1321 also states an individual who takes a chemical alcohol test, but fails to pass by having an alcohol concentration level of .08 or higher can receive a license suspension for 90 days.
Back to top
License Suspension Hearing in Mesa
If an individual has received an administrative license suspension for alcohol testing refusal or for failing to pass a chemical test, they can submit a written request for a hearing to the Arizona Department of Transportation (ADOT) under ARS § 28-1321(F)(2). The individual only has a period of 15 days after receiving notice of the suspension to submit this request. Therefore, immediately after an arrest, it is very important to contact a DUI lawyer in Mesa to help you request this hearing.
If the request for the hearing is timely submitted, the Department of Transportation is required to hold a hearing within 30 days of receiving the request for the hearing. The license suspension will also be placed on hold until after a decision has been made by the administrative law judge at the hearing.
The administrative license suspension hearing is similar to a civil trial in court. It provides the alleged offender with an opportunity to challenge the suspension by presenting witnesses and any other evidence they may have.
As provided in ARS § 28-3306, the administrative law judge is required to rescind or revoke the order of suspension if good cause exists to do so. However, the judge may also uphold or extend the suspension if good cause exists upon completion of the hearing.
Back to top
Tempe DUI Administrative Hearing Issues
According to ARS § 28-1321(K)(1), the issues the administrative law judge will determine at the license suspension hearing are whether:
- The law enforcement officer had reasonable grounds to believe the alleged offender was driving or in actual physical control of a motor vehicle either:
- While under the influence of liquor or drugs, or
- If an individual under the age of 21 had any liquor in their system;
- The individual was placed under arrest;
- The alleged offender refused to submit to testing; and/or
- The alleged offender was informed of the consequences for refusing to submit to chemical testing.
Back to top
Effect of DUI License Hearing in Tempe
If the administrative law judge determines the suspension should be sustained or upheld at the hearing because the issues were conclusively established by evidence at the hearing, the alleged offender may file a petition with the superior court to review the final order of suspension. The superior court is required to review the final order on an expedited basis.
If the suspension is not sustained after the hearing because there was insufficient evidence to suspend the individual’s license, they will be able to maintain their driving privileges.
It is important to note the ruling at the administrative license suspension hearing is not admissible in any subsequent civil or criminal proceedings. Therefore, any decision made at the hearing cannot be used for or against your case at a DUI trial at a later time.
If the alleged offender’s license suspension is sustained, they are required to first take and complete an alcohol or drug screening course before they are permitted to reinstate their license after the suspension period has ended.
Back to top
Mesa DUI Administrative License Hearing Resources
Arizona Revised Statutes – Chapter 4 of Title 13 of the Arizona Revised Statutes applies to driving under the influence laws and implied consent to chemical testing for DUI in Arizona. This link is to § 28-1321, which addresses the penalties an individual can face for refusal to submit to alcohol testing or failure to pass a chemical test, and administrative license suspension hearings.
Arizona Department of Transportation – Administrative License Suspension FAQ – If an individual receives a license suspension for refusing to submit to chemical testing or for failing a chemical alcohol test, the Arizona Department of Transportation (ADOT) will determine if the alleged offender’s license should be suspended at the administrative hearing. This hearing is not automatic and must be requested by the alleged offender within 15 days of the suspension. A local Department of Transportation office is located at:
Tempe MVD Office
1703 E. Larkspur Lane
Tempe, Arizona 85281
Arizona Department of Public Safety (AZDPS) – The Arizona Department of Public Safety provides information on impaired driving in the state. This links addresses Arizona’s DUI laws and penalties, in addition to an overview of impaired driving and statistics and resources about Arizona impaired driving.
Back to top
Law Office of James E. Novak, PLLC | DUI Administrative License Suspension Hearing Attorney in Tempe
Contact the Law Office of James E. Novak today for a consultation about your DUI administrative license suspension hearing throughout Maricopa County in Arizona. James Novak is an experienced DUI lawyer in Tempe who will represent you at your administrative license suspension hearing and any subsequent DUI proceedings. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your DUI administrative license suspension hearing throughout Maricopa County in Arizona.