Implied Consent Suspension
This type of suspension only applies to a driver who refuses to submit a breath, blood, or urine sample when requested to do so by the arresting officer.
If after being properly advised of the penalty for not voluntarily submitting a breath, blood, or urine sample, you still refuse to do so, the officer will serve you with a one year license suspension.
This type of suspension has a 15 day grace period in which to request a hearing.
If a hearing is properly requested, the suspension will not go into effect unless at the hearing the police officer is able to prove by a preponderance of the evidence that you were properly informed of the penalties for not voluntarily submitting a breath, blood, or urine sample and that after being properly informed you refused to do so.
This hearing takes place with the Motor Vehicle Division's Executive Hearing Office and is presided over by a administrative law judge. Oftentimes, this hearing is conducted at the same time as the admin per se hearing.
The implied consent suspension hearing is separate from any criminal proceeding.
If you or a loved one are accused of a crime and need representation, call (480) 636-1101 to schedule a free initial consultation.
If you or a loved one are accused of DUI and need representation, call (480) 636-1101 to schedule a free initial consultation.
If your child is accused of a crime and needs representation, call (480) 636-1101 to schedule a free initial consultation.
