DUI arrest begins your DUI in Arizona You are here: About > Cities & Towns > Phoenix, AZ > Maps, Driving and Transport > Drivers and Driving > Driving > DUI in Arizona Cities & Towns Phoenix, AZ Essentials E-Course: Relocating to Phoenix Cactus League/Spring Training January Concerts/Shows January Festivals/Events FBR Open (Phoenix Open) Topics Attractions and Events Food and Drink Sports and Recreation Moving to Phoenix Phoenix Facts and Fiction Cities, Government, Laws Weather, Plants, Animals Jobs and Employment Homes and Rentals Schools and Colleges Lifestyles and Families Shopping, Services, Media Maps, Driving and Transport Resorts, Hotels, Motels See For Yourself: AZ Photos Buyer's Guide Magazines About Phoenix ASU Logo Merchandise Phoenix Suns Gifts Desert Garden Books Ping Golf Clubs and Merchandise Forums Help FREE Newsletter Sign Up Now for the Phoenix, AZ newsletter! See Online Courses Search Phoenix, AZ Stay up to date! 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Your Driver License & the Department of Motor Vehicles The following information about DUI and your driver license rights in Arizona was provided by a Tucson attorney, David Alan Darby . If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings. A criminal proceeding in court A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license. These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important. The Criminal Proceeding Your DUI arrest begins your criminal proceeding. The consequences of this -- plea of guilty, or a verdict of guilty following a jury or bench trial -- could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record. The Civil Proceeding The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona. The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form. Arizona Residents If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license. Non-Arizona Residents If you are from out of state, the police cannot seize your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. Refusal If you refused to take the breath, blood or urine test, the police will serve you a notice of a 12-month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. If your refused to take a breath, blood or urine test, it is likely that the police obtained a search warrant and obtained your blood anyway. If this is the case, your driver license or privilege to drive will still be suspended for 12 months even though the police obtained your blood through the use of a search warrant. How to Request A Hearing A request for hearing must be submitted in writing to the MVD. Generally, the pink copy of suspension form, furnished by the police, is used to request this hearing. It is important to fill out the information completely and accurately on the back of the pink form. You must check the box indicating you are requesting an Administrative Hearing and mail it, within 15 days of service to you by the police, to: Arizona Department of Transportation, Executive Hearing Office, Mail Drop 507M, P.O. Box 2100, Phoenix, AZ 85001-2100. Do not select Summary Review; this will not get you a hearing, but merely a review of the paperwork submitted by the police. Why Is This So Important In the criminal case, if you plead guilty to the charge of DUI, or if you are found guilty, you will be sentenced in accordance within the present Arizona DUI sentencing guidelines . When the State receives notification of the verdict, your driver license will be suspended for 90 days. However, if you are a first offender, or you have had no DUI convictions within the past five years, and if you took the breath, blood or other required test, and if you have been found guilty in the criminal proceeding, or you feel that such a result is likely, then you may wish to agree to a suspension of your driver license prior to or at the MVD hearing. Next Page >> Driver License Suspension and Administrative Hearings 1 2 Next Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2006 About, Inc., A part of The New York Times Company . All rights reserved. Around About Tips to Losing Weight Guide to Distance Learning How to Travel for Less PHOTOS: Italy PHOTOS: Hybrid Cars What's Hot Rocky Point Picture Gallery - Pictures of Rocky Point Mexico... Andy Roddick Pictures - Warming Up Saguaro Cactus Rocky Point Scorpions
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intoxicated driving, and what Driving while intoxicated DWI in New Mexico- in depth report Contact Us | Register/Login | Site Map Search All Stories Reporters Photos Photographers Comments Commenting Readers ------ Archives Classifieds Jobs Display Ads Business Name Business Category Google Last Update Thu Jan 26, 2006 1:10 pm Subscribe Print or eNewMexican | NM Jobs | Real Estate - Virtual Tours | Display Ads | Directory | Classifieds | Advertise | Archives Online replica of the daily Paying subscribers: Click here to see the page-for-page replica of today's The Santa Fe New Mexican. HOME PAGE FIND IT FAST Most Read News Recent Comments Death Notices Crime / Police Notes Editorial Letters to Editor Columns Weather DWI Ballot & News Topic List SANTA FE GUIDES Visitors Guide Hotel Search Our Magazines Residents Guide Spirituality / Support Restaurants PHOTOS INTERACTIVE Forums Readers' News Blogs ARTS & LEISURE Music & Arts Musicians Directory Movie Times TV Listings Games & Puzzles NEWS Santa Fe / NM Nation / World Middle East Politics En Espanol Water / Fire Nature / Outdoors Education Health Science / Tech In Depth Reports Communities Sports Resource Guides Gen Next SHOP LOCALLY Display Ads Business Directory Real Estate/Virt Tours CLASSIFIEDS Jobs Real Estate Rentals Cars & Trucks Animals Personals Merchandise All Other Topic: DWI Ballot and News (Default story ordering) reorder --Choose Order-- by Most Commented by Most Read Today This week This month Continuing news coverage of DWI-related events and issues; also see our in-depth series on DWI reform from January 2004. DWI: your recommendations Files DWI Forum: readers' recommendations in print Links Solutions to Community Alcohol Problems--Marin Institute FreeNewMexican's DWI Resource Guide The death of Judith Scasserra-Cinciripini (see our stories of July 28 and July 29 ) is the latest addition to New Mexico's continuing, tragic legacy of DWI. This forum is for you to offer specific recommendations, proposals and ideas for effective change. What action do you want your elected officials (state Congress, the Governor, the courts) to take? If you were in office, what would you do for DWI reform? FULL STORY >> (253 comments;last comment posted august 19, 2005 9:23 am) DWI resource guide Files DWI Statistics and Recommendations--Dick Roth, ImpactDWI.org Save a life. Stay informed about the costs of intoxicated driving, and what you can do to stop it... FULL STORY >> States try to toughen penalties for refusing breath test Links FreeNewMexican's DWI Resource Guide COLUMBUS, Ohio - States are trying to toughen penalties for suspected drunken drivers who refuse to take a breath test, arguing motorists too often get a milder penalty than if they had provided evidence that could convict them. FULL STORY >> ( 9 comments; last comment posted january 20, 2006 11:57 am ) Santa Fe man faces eighth DWI charge SANTA FE - Santa Fe resident Moises Gonzales _ who in 1985 pleaded guilty to driving drunk in a crash that killed three teenage girls _ again has been charged with driving while intoxicated, police said. FULL STORY >> ( 59 comments; last comment posted december 4, 2005 11:18 am ) Governor signs DWI interlock measure Chris Romero hops into his 1990 blue-and-white Ford pickup, clicks the ignition on and then off again and reaches for what looks like a black cell phone hanging from his dashboard. FULL STORY >> ( 1 comments; last comment posted april 6, 2005 5:41 pm ) Lawmaker proposes alcohol sales ban for DWI offenders Links 2005 New Mexico Legislature Resource Guide SANTA FE - New Mexicans convicted of drunken driving could not buy beer, wine, whiskey or other liquor for five years under a proposal by a Republican lawmaker. FULL STORY >> ( 24 comments; last comment posted february 11, 2005 8:05 pm ) Richardson pledges more judgeships, more funding for prosecutors at DWI summit ALBUQUERQUE - Gov. Bill Richardson is pledging to push for more money to help fight a problem that has put New Mexico on the wrong end of national rankings for years. FULL STORY >> ( 1 comments; last comment posted january 18, 2005 9:21 am ) Albuquerque authorities want to take drunken drivers' cars after first arrest ALBUQUERQUE - The first arrest would be the only arrest police need to take a drunken driver's vehicle under an ordinance proposed by an Albuquerque assistant city attorney. FULL STORY >> ( 3 comments; last comment posted november 10, 2004 7:38 am ) DWI Center says offenders often need psychological help ALBUQUERQUE - An Albuquerque center plans to talk to New Mexicans convicted of drunken driving more than two decades ago to find out whether they've stayed away from drink and what helped them. FULL STORY >> ( 2 comments; last comment posted october 5, 2004 5:58 am ) Tougher penalties for repeat DWI reinstated for 2003 Links DWI resource guide DWI Special section SANTA FE - The state Supreme Court has ruled that tougher penalties for repeat drunken drivers were in effect in 2003 despite a glitch when the law was passed. FULL STORY >> ( 2 comments; last comment posted september 18, 2004 11:20 am ) Search engine optimization and website marketing provided by Trafficdeveloper Privacy Policy / Terms of Use | ©2006, Santa Fe New Mexican, all rights reserved. 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