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The affidavit of suspension you receive at the time of your arrest will automatically go into effect after 30 days. During those 30 days, you have the right to request a hearing to challenge the suspension. If you do not request a hearing within those 30 days, the suspension will automatically take effect, and you will not have any further recourse in the matter.
Under Arizona Revised Statute § 28-1385, a person’s license will automatically be suspended if the presiding law enforcement officer has reasonable grounds to arrest them for driving under the influence. These grounds may be supported by a variety of evidence collected at the scene of the traffic stop. The first scenario that may lead to an admin per se suspension of a driver’s license is if the breath test they took revealed a blood alcohol level of .08. While these results may still be defended against in a court by a Fountain Hills DUI attorney and do not necessarily call for immediate conviction, the results are enough for an arrest and therefore suspension of the license.
Implied consent is a legal term for consent that is inferred rather than expressly given by a person suspected of a wrongful action. What this means for DUI in Arizona is that, by applying for and receiving an Arizona license, all drivers are considered to have implicitly consented to any breath or blood tests if suspected of drunk driving. Refusal of a test is interpreted as a denial of that consent and therefore grounds for an arrest.
When someone is pulled over by a police officer under the suspicion of drunk driving, the police officer will need to administer some type of test to determine the blood alcohol content level of the driver. This is to determine whether the driver was indeed impaired and therefore subject to arrest. However, in Arizona, if someone refuses to comply with the specific test chosen by the administering officer, they will be arrested under the implied consent rule and law enforcement will obtain a warrant to get your blood or urine sample
To speak with an experienced DUI defense lawyer, call Rosenstein Law Group at 480-248-7666 or contact us online. Headquartered in Scottsdale, we represent clients throughout Arizona including Fountain Hills.
Under Arizona Revised Statute § 28-1385, a driver’s license is automatically suspended if the law enforcement officer has reasonable grounds to arrest them for driving under the influence. One scenario that may lead to this suspension is a breath test revealing a blood alcohol level of .08.
Not necessarily. A .08 breath result is enough for an arrest and a license suspension, but it may still be defended against in court by a Fountain Hills DUI attorney and does not necessarily call for immediate conviction.
Yes. A driver has the right to request a hearing to challenge the affidavit of suspension received at the time of arrest. If a hearing is not requested within the allowed time, the suspension automatically takes effect and there is no further recourse.
Implied consent means that by applying for and receiving an Arizona license, all drivers are considered to have implicitly consented to any breath or blood tests if suspected of drunk driving. Refusing a test is interpreted as a denial of that consent.
A driver who refuses to comply with the specific test chosen by the administering officer will be arrested under the implied consent rule, and law enforcement will obtain a warrant to get a blood or urine sample.