Payson DUI License Suspension Hearings

If you have been arrested or charged with a DUI in Payson, Arizona, you will face an “admin per se” or “implied consent” license suspension. It might surprise you to learn that your driver’s license may be suspended before your first court date to face the criminal DUI charges against you.

The Arizona Department of Transportation (ADOT) is the administrative agency that conducts license suspension hearings. The Motor Vehicle Division (MVD) is a division of the ADOT that manages Arizona drivers’ licenses, and is the agency that would actually suspend your license.

The attorneys at the Rosenstein Law Group will represent you before the administrative law judge at the license suspension hearing and in the courtroom for your criminal case.

License Suspension Begin 15 days After DUI Arrest Unless You Act

We recommend you contact a DUI attorney as soon as possible after your arrest because a license suspension begins 30 days after your arrest if you do not act. You or your attorney must request a license suspension hearing with ADOT within 30 days of your arrest. Failure to meet this deadline will result in an automatic suspension of your driver’s license.

Call the Rosenstein Law Group immediately at 480-248-7666, or contact us online so we can protect your driving privilege and begin preparing for your license suspension hearing and criminal case. We are available 24/7 and offer a free consultation.

How Long is a License Suspension?

How long a license suspension lasts varies, depending on whether the suspension is admin per se or implied consent in nature.

Admin per se suspension

An admin per se suspension is the most common license suspension following a DUI arrest. This is a 90-day suspension, which begins 15 days after your arrest if you do not request a hearing with ADOT.

Implied Consent Suspension

An implied consent suspension occurs if you are arrested for DUI and refuse to consent to a blood, breath, urine, or other bodily substance test to determine your blood alcohol content (BAC) level or if a drug or its metabolite is in your system.

An implied consent suspension is typically a 1-year suspension, but it may become a 2 year suspension if you have had a prior implied consent suspension in the past 7 years.

Restricted Driving Permit (Work Permit)

If you receive an admin per se or implied consent suspension, you could be eligible for a restricted driving permit.

A restricted driving permit allows you to drive for the following purposes:

• Between your residence and place of employment during specified periods of time while at employment.
• Between your residence or place of employment and your school according to your employment or education schedule.
• Between your residence, place of employment or school and the office of a health professional.
• Between your residence, place of employment or school and a screening, education, or treatment facility for scheduled appointments.
• Between your residence, place of employment or school and the office of your probation officer for scheduled appointments.
• Between your residence, place of employment or school and a certified ignition interlock device service facility.
• Between your residence and a location designated for the purpose of parenting time.
• To transport a dependent person who is living with you, between your residence and the dependent person’s employment, school, or medical appointment.

You must complete an approved alcohol or substance abuse screening before receiving a restricted driving permit.

Restricted Driving Permits: Administrative

For an admin per se 90-day suspension, you may be eligible for a restricted driving permit after serving the first 30 days of the suspension, allowing you to drive for the remaining 60 days.

Restricted Driving Permits: Implied Consent

If you receive an implied consent 1-year suspension, then you may be eligible for a “special ignition interlock restricted driver license” also called a “SIIRDL.”

As the name implies, this restricted driver’s license requires you to equip your vehicle with a certified ignition interlock device during the period of restriction. Eligibility for a SIIRDL begins after serving the first 90 days of the 1-year implied consent suspension. You will also have to pay an MVD application fee.

Successfully Challenging a License Suspension

In some cases, it may be possible to challenge your license suspension at an MVD license suspension hearing. This hearing is held by an ADOT administrative law judge with a police officer testifying as a witness for the state.

The attorneys at the Rosenstein Law Group are well versed on the admin per se and implied consent suspension hearing process. We can advise you on different strategies, depending on the specific facts of your case.

Contact the Payson DUI defense attorneys at Rosenstein Law Group at 480-248-7666 or online for a free consultation and case evaluation.