Menu
0 Comments

How do I know if my license is suspended in a DUI case?

Normally, there are two ways you notified of an Order of Suspension: in person or by mail.

In the case of a refusal to submit to a chemical test, the police officer will take away the license on the spot, serve the motorist with an Order of Suspension, and issue a tempororary driver ‘s license. The license will be suspended 15 days from the Date served. The suspension for refusing to  to submit to a chemical test is 12 months. However, if this is your second refusal on your driving record in the last 60 months then  you are looking at a suspension of 2 years. The suspension is final unless you request a hearing in writing is recieved by the MVD with 15 days from Date Served.*

In the case of a breath test actually being administered and the result is .08 or higher, the officer will will also take away the license on the spot and serve the driver with an order of suspension. Then a temporary license will be issued. The license is suspended 15 days from the date served. So in essence you can drive for roughly 2 weeks.  The suspension is final unless you request a hearing in writing and it is recieved by the MVD with 15 days from the date Notice of Suspension was Served.

In the case of a blood test only , the results of the blood test may not be known for many weeks or sometimes months. The significance of this is that the police officer can not confiscate the license because there has been no showing of a refusal or of a test in excess of the legal limit. This is assuming there was not also a breath test administered or blood test conducted pursuant to a search warrant after a refusal.

Once the police lab has tested the blood sample they notify the case officer and it is reported to the MVD if it is .08, .04 (commercial vehicle) or contains prohibited drugs.

The MVD then sends notice to last known address on file at the MVD. It is your responsibility to keep the address current with the MVD. This is different than the change of address form you send to the post office. You need to change your address directly with them. If they send the Notice of Suspension to the address you last provided them you are deemed to have received it. Arguing that you received notice is nearly impossible.*

*Source: Arizona DUI Defense: The Law and Practice Third Edition by James Nesci

Leave a Reply