If you have been arrested or charged with a DUI in Queen Creek, AZ, 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 the DUI charges. In fact, the ADOT or MVD license suspension is handled at a proceeding that is separate from the criminal DUI charges. It is important to have a Queen Creek DUI attorney that can represent you for both proceedings.
It is recommended that you contact a DUI attorney as soon as possible after your arrest for a DUI in Queen Creek 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 at (480) 248-7666 or contact us online so that we can protect your driving privilege and begin preparations for your MVD license suspension hearing and criminal case. We are available 24/7 and offer a free consultation.
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.
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.
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.
If you receive an admin per se or implied consent suspension, you may be eligible for a restricted driving permit. An experienced DUI attorney at the Rosenstein Law Group can help you obtain a restricted driving permit; call us at (480) 248-766 or contact us online.
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. 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 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 application fee.
The restricted driving permit will allow you to drive for the following purposes:
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 stemming from a DUI arrest out of Queen Creek. Contact the Rosenstein Law Group at (480) 248-7666 or online for a free consultation and case evaluation.