When charged with
DUI there are often two types of suspensions that have to be dealt with. The
first type of suspension is called an Admin Per Se Suspension. This suspension
is sometimes referred to as an administrative suspension. Ordinarily when
a person is arrested for DUI, the arresting officer will require that
the arrestee submit to a chemical test of either their blood, breath or
urine. If that test yields an alcohol concentration of .08 percent or
greater, then that information will then be reported to the Department
of Motor Vehicles, who will then initiate suspension proceedings.
The Admin Per Se Suspension is a 90-day suspension; however, most drivers
will be eligible for a restricted permit after the first 30 days of the
suspension are served. Once the restricted license is issued, the person
is allowed to drive to and from work, school and medical appointments.
It is important to note that the administrative suspension is completely
separate from the underlying DUI criminal case whether it is in Scottsdale
or Phoenix. The administrative DUI suspension is handled entirely by MVD
and the decisions of the MVD Hearing Officer have no binding effect on
the prosecutor or judge assigned to the criminal DUI case.
It is also important to note that unless one requests an administrative
hearing with MVD on a timely basis that the Admin Per Se Suspension will
go into effect automatically after 15 days and the right to have a hearing
will be forfeited. It is important to request a hearing not only because
it postpones the imposition of the suspension, but the hearing process
itself can also be an invaluable tool to the DUI defense attorney handling
your DUI case, insofar as it requires the arresting officer to appear
at the hearing and submit to cross-examination under oath and on the record.
If the hearing results in the suspension being upheld, MVD will typically
agree to postpone the commencement of the suspension until 45 days after
The second type of suspension related to a DUI case is referred to as a
Points Suspension. Under Arizona law if a driver accumulates 8 or more
points during any 12-month period, MVD may initiate suspension proceedings
regardless of whether the points have anything to do with a DUI offense.
While speeding typically carries a 3-point assessment and most other traffic
violations carry a 2 point assessment, DUI unfortunately carries 8 points
by itself. This means that even if a person has nothing else on their
driving record, if they are convicted of any DUI offense, they will automatically
have a minimum of 8 points and be subject to further penalties through
the Motor Vehicle Division.
The good news is that so long as a person does not acquire more than 11
points during a 12 month period, MVD will typically allow the driver to
complete an 8-hour Traffic Survival School (TSS) in lieu of having Points
Suspension imposed. Unfortunately, if 12 or more points are accumulated
during any 12-month period, then Traffic Survival School is no longer
an option and MVD will typically impose a second suspension that will
run a minimum of 90 days. It is for this reason that DUI officers typically
add as many civil traffic violations as possible when citing someone for DUI.
If you have had your license suspended due to a DUI, then you need to contact
a DUI attorney at the
Law Offices of Joshua S. Davidson today.