YOUR DRIVER LICENSE, MVD, IMPLIED CONSENT, AND OTHER WEIRD THINGS
Following an arrest, the officer should request the subject to submit to and successfully complete any test mentioned above that the officer designates. If the subject refuses to submit to the test, or does not successfully complete the test, his/her license will be suspended for 12 months for a first refusal, or for 2 years for a second or subsequent refusal within a period of 60 months.
Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.
Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person's license will be suspended for at least 90 consecutive days.
Any person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).
IF YOU REFUSE THE TEST
If you exercise your right to refuse under Arizona's implied consent law, the following will happen:
The test will not be given (unless the officer obtains a search warrant, in which case he/she can immobilize you and forcibly draw your blood);
The officer will file a certified report with the department of motor vehicles;
The officer will serve you with an order of suspension for one year that is effective 15 days after the date the order is served;
You will be required to immediately surrender your license or permit if it is in your control;
If your license is surrendered, the officer will issue a temporary permit that is good for 15 days;
When the department receives the certified report from the officer, the department will enter the suspension into its records on the effective date unless a written request for a hearing is made by you.
The MVD hearing is a civil proceeding, which is different from the criminal case. It is common knowledge that in order to find a defendant guilty of a crime, it must be proven beyond a reasonable doubt. In civil proceedings the standard of proof is much less difficult for the State. In the criminal DUI case in Arizona, you have a right to a jury trial. In the civil case you do not. An Administrative Law Judge decides both the law and the facts when it comes to your MVD hearing.
You must request your hearing within 15 days. If you don't, your license will automatically go into suspension, and you will not be able to fight it. If you have retained our office to represent you, we have signed the retainer agreement and received your retainer deposit before the expiration of the 15 day period, we will be happy to make the hearing request on your behalf. Please note that we will not make the request for you unless we officially represent you, as we have not been authorized to act on your behalf.
Copyright � 2006 Darby Law Office
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