Under Arizona law, all drivers must take a blood, breath, or urine test if you are arrested for a DUI. If you refuse to take a blood, breath, or urine test, you face a 12 month Implied Consent license suspended for 12 months. Your suspension will automatically begin in 15 days, unless you request a hearing with the DMV. If you have an Arizona Driver’s License, your license would be taken by the officer and you are given a piece of paper which would act as a temporary license for the next 15 days.
Implied Consent DMV Hearing
You may request a hearing to challenge your Implied Consent suspension. However, that request must be filed within 15 days or your suspension will automatically begin. If a request for hearing is timely filed, a hearing will be held before an administrative law judge. At the hearing the judge determines if:
- The officer had probable cause to place you under arrest for DUI
- You refused to provide a blood, breath or urine test when asked by the officer
If the judge find the suspension valid, it usually goes into effect in around 30 days. To best understand your option with fighting your suspension contact our experienced attorneys.
Implied Consent Restricted License
The Implied Consent suspension is for a year. However, you may seek a restricted license after the first 90 days. But, this is a restricted license. So, you would only be allowed to go to school, work, and alcohol treatment classes.
To qualify for the restricted license, you must complete a screening session. It costs roughly $80 and screening locations are available all over the State. The screening session is a 45 minute meeting with a counselor, who will ask you questions about your drinking habits. The counselor will then identify how many drug or alcohol classes you need in a treatment plan. If convicted, you will have to complete the classes, but for the restricted license you need only do the screening. Also, you need to attain SR 22, or high risk insurance, and get an Ignition Interlock Device installed.