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Arrested For Dui – What Should I Do?

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.

1. A criminal proceeding in court
2. 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.

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 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.

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.

If you are from out of state, the police cannot seize your dr
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iver 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.

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.

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.

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.

Agreeing to the suspension will entitle you to a 60 day restricted driving permit following a 30 day suspension. The suspension is still classified as a 90 day suspension. To obtain the restricted driving permit, you must apply at a local MVD office following the first 30 days of the suspension. Agreeing to the suspension will generally resolve the civil proceeding sooner and oftentimes well before the resolution of your Criminal matter in court. This is advantageous as you get the suspension over with sooner and under less onerous circumstances. Agreeing to the suspension will generally result in no further suspension of your driver license if you later plead or are found guilty of your DUI in court. In the case of a stipulated suspension from MVD, there will be no requirement that you post proof of Financial Responsibility before your Arizona driver license or privilege is reinstated. Agreeing to the suspension will allow you to select the day you want your suspension to begin, so long as the suspension start date is within 45 days of your MVD hearing date. This allows flexibility in arranging transportation to work or school during the initial 30 days of the suspension. NOTE: If you request a hearing and actually go through with it and lose, the only difference is that your will not be able to choose the day the suspension begins. You should still be eligible for the 30 day driver license suspension followed by the 60 day restricted driving permit.

If you agree to the suspension, you do not get a hearing with the administrative law judge. You do not get to challenge the police o
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fficers or contest the evidence in the civil hearing. Sometimes this hearing may be important to gather critical evidence in your DUI case. However, this decision should not be made without first discussing your DUI case and individual circumstances with an experienced DUI defense attorney.

If you have the Administrative Hearing and win, and later lose your DUI case, either through a plea or finding of guilty at trial, MVD will suspend your driver license for 90 consecutive days. There is no eligibility for a restricted driving permit following the first 30 days of the suspension. Further, if you are convicted either through a plea or finding of guilty in court you will be required to provide proof of financial responsibility (insurance) for three years by filing with the State of Arizona either a $40,000 cash deposit, or Certificates of Deposit (CD’s) totaling $40,000 or a Certificate of Insurance (SR22). This Financial Responsibility requirement could have significant cost implications for you, depending upon your selection of acceptable Financial Responsibility filings and/or your insurance carrier’s underwriting requirements.

By: Cooper Hill

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Ok so 3 more posts today that I’ve dug up – I’m an information JUNKIE on this stuff lately. Give em a browse and let me know what ya reckon. They’re just from a few different sites I’ve been surfing lately that are generally good for information like this…

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Hope you enjoy the read as much as I did and please if you have something to say, use the comments form below to let everyone know your thoughts.

Have a great day!

Alcohol And Drug Abuse In Mental Health
by: Christos Varsamis

Alcohol abuse is overrated, while drug abuse is underrated. The DSM manual suggests that substance abuse there are differences in the definition of drug and alcohol use. To confuse matters worse the law has its own version of who is an alcoholic or drug addict. Some of the symptoms that help professionals determine if alcohol and drugs are a problem include, excessive drinking/drugging, problems with the law, withdrawal symptoms, shaking of the hands, and so forth.

If a person drinks everyday of the week and relies on alcohol, then you are probably dealing with an alcoholic. There are philosophers who claim if a person needs a drink at breakfast, that he or she is an alcohol. Some philosophers claim that if you drink more than six-pack weeks then you are an alcoholic.

The fact is, most of the people nagging or evaluating alcohol and drugs has a problem them self or has gotten help someone in their lifetime to treat their own problems. Therefore, as you can see addictions, dependant alcoholics, and other types of alcoholics and drug addicts may alter. First all, any chemical that causes harm is a potential danger to your being.

In other words if you start out drinking when you are fourteen and continue through your lifetime without alcohol causing you trouble, or else landing you a spot in jail, then you are probably not an alcoholic according to few. The fact is the ones that are drinking and driving and getting caught are alcoholics according to the system although the level of alcohol in the blood plays a role in the determination.

The truth is the law sometimes over dramatizes and the system is out to make all the money they can, so we all might be alcoholics by the time they are done with us. Alcoholism and drug addictions are complex, in the sense there are too many misconstrued inputs and often the label is placed on individuals according to culture and history. If you parents drank alcohol then the system sometimes will claim you as an alcoholic.

The fact is, Jesus drink wine in moderation, so drinking in moderation is not a bad thing. The problem becomes a problem when the person has difficulty putting down the bottle and/or increases their intake as well as combining drugs with the alcohol to get an affect they was had. If someone will steal or lie to get alcohol or drugs then you know they have a real problem.

However, most alcoholics and drug addicts have bigger problems than addictions and this is often ignored. For example, people with mental illnesses often resort to alcohol and/or drugs to find relief of their symptoms. Now if a professional is treating this person for his or her diagnose and progress is moving along the person often feels healthy and the alcohol and drugs are out the door.

In my studies and opinions, I disagree with alcoholism and drug addictions if the person is able to stop once the mental illness is treated. This means that the person was suffering and the substances was a mechanism to help them cope.

On the other hand, if the person is treated for mental illnesses and his or her drug and alcohol habits continue, then I think you had better get out the chair and start talking ‘one day at a time.’ Alcohol was once known as the “Devils Drink.” The White men are the originator of the source, and since its beginning it has caused serious complications, including death, abuse, and other related crimes.

Drugs are optional since the system often makes them available by teaching individuals what the drugs contain. The root of all-evil is money, and if a person sees that he or she can gain, they may take advantage, but fall into a snare in between. The system is overwrought, since they put alcoholics and drugs addicts in jail and not seeking help for them.

The solution to humankind’s problem is helping and not hurting or promoting. If we can’t get along now, what makes you think you are going to heaven?

About The Author

Christos Varsamis is a Marketing Consultant. Sign for your Free 15 day Success E-course at http://www.settinglifegoals.com. Get your Free E-courses “How to Create Minisites That Make Money in Just 24 Hours + Secrets of Internet Millionaires” at http://www.cbmallclickbank.com & http://www.cbmallgr.com.

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