Payson DUI License Suspension Hearings

If you have been arrested or charged with a DUI in Payson, Arizona, you will be facing an “admin per se” or “implied consent” license suspension. Many people are surprised to hear that their license may be suspended before they even have their first court date to face their criminal DUI charges. In fact, the ADOT or MVD license suspension is handled at a proceeding that is separate from the Payson criminal DUI charges.

The attorneys at the Rosenstein Law Group will represent you in front of 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 Take Action!

It is recommended that you contact a DUI attorney as soon as possible after your arrest because a license suspension will begin 15 days after your arrest if you do not take action. You or your attorney must request a license suspension hearing with the Arizona Department of Transportation (“ADOT”) within 15 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 so that we can protect your driving privilege and begin preparations for your MVD license suspension hearing and criminal case.

How Long is a License Suspension?

How long the suspension will last varies case-by-case. In general, there are two types of license suspensions that are triggered by a DUI arrest, an “admin per se” and an “implied consent” suspension.

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 will begin 15 days after your arrest if you do not request a hearing with ADOT.

Implied Consent Suspension

An implied consent suspension occurs if someone is arrested for a DUI and refuses to consent to a test of their blood, breath, urine, or other bodily substance to determine their BAC or whether a drug or its metabolite is in their system. An implied consent suspension is typically a 1-year suspension but may be a 2 year suspension if you have had a prior implied consent suspension in the previous 7 years.

Restricted Driving Permit (Work Permit)

If you receive an admin per se or implied consent suspension, you may be eligible for a restricted driving permit. You are required to complete an approved alcohol or substance abuse screening prior to receiving a restricted driving permit. 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.

Methods to Successfully Obtain A Restricted Driving Permit

If you receive an implied consent 1-year suspension, 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 will require 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.

The restricted driving permit will allow you to drive for the following purposes:

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

Successfully Challenging a License Suspension

In some cases, it may be prudent to challenge the 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 ins and outs of 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 Rosenstein Law Group regular and drug DUI defense attorneys in Payson at 480-248-7666 or online for a free consultation and case evaluation.