Allow the Blood Test?
Once placed under arrest, you will be given some type of test to determine alcohol concentration. Typically this test is a blood test. The results usually take a few weeks. If you refuse the test, the general procedure is for the Officer to obtain a search warrant from a judge to allow him to forcibly take your blood. So, you see, they'll get the test anyway. Plus, if you refuse the blood test, regardless of the outcome of the criminal case, your license will be suspended for 12 months. If you're thinking that doesn't sound like a good strategy, you are correct. Just take the blood test.
Results of the DUI Blood Test
If the results of the blood test are greater than a .08, then Arizona MVD will send a written notice (via regular mail to your last address on file at MVD) that your license will be suspended for 90 days, the last 60 days of which you may be allowed to drive to and from work, school, or counseling.
Hearings and Suspensions
You may request a civil hearing which, at worst, can delay the start of the 90 day suspension, and, at best, may void the suspension and/or possibly obtain helpful, under oath, statements from the arresting officers. The only downside to requesting a hearing relates to timing of the suspension. Would it be easier for you to serve your suspension earlier rather than later? If that's the case, then perhaps declining a hearing is your better choice, since it often takes at least 45 days to get a MVD hearing.
If you request a hearing because you believe you have a chance there of having the case dismissed, please be aware that it is rare; when these hearings are held, the suspensions are generally upheld. So what's the advantage? You can have more time to prepare for the suspension and you get a sneak peek at the Officer's case against you.
If your blood test reading is less than a .08, then there is no 90 day suspension, unless you're ultimately convicted of the DUI in criminal court (yes, it is possible to be convicted of DUI with readings less than a .08). Note, that if you already served your 90 day suspension, you will not have to serve another 90 day suspension if you are convicted of the DUI. It's a onetime suspension.
Page 1: Arizona DUI: The DUI Stop
Page 2: DUI Tests
Page 3: DUI and Arizona Courts, Sentencing, Jail Time
All details about Arizona law are subject to change without notice.
