Tempe DUI Criminal & Civil Hearing
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If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the Tempe. Arizona and submitted to a breath, blood, or urine test, the results of the test reveals a blood/breath alcohol result of .08% or higher, or you have refused these tests, expect to be involved in both a criminal proceeding and a civil proceeding.

1. Criminal proceeding dealing with the merits of your DUI case in either a County, City or Justice Court in Arizona; and

2. Civil proceeding dealing with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license or privilege if your are from out of state.

The Tempe “Criminal” Proceeding
Your Tempe DUI arrest begins your “criminal” proceeding. Generally, this is pending now or is possibly resolved in a Tempe City or County Justice Court.  The consequences of this proceeding — 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 Regarding Your Driver License
The civil proceeding is a non criminal proceeding before a administrative hearing officer at the Department of Motor Vehicles, Driver License Division.  This scope of this proceeding deals with a possible suspension of your driver’s license.
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 officer 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. This notice is contained on the “Admin Per Se/Implied Consent” form.

If you are an Arizona resident and 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 from the date the police served you with the notice, or if you request a hearing within the 15 days window, until the hearing is conducted and the outcome determined.  Since the police have confiscated your driver license, the yellow “Implied Consent/Admin Per Se” form is your temporary driver license.

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FREE CONSULTATION.
480.413.1499