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Administrative Review Hearings in Arizona

Once arrested for a DUI, a criminal case will follow that deals with the DUI conviction in court.  In addition, an administrate review hearing will also follow if a defendant chooses, which will most likely precede the criminal case.  The administrative hearing is a civil proceeding that takes place at the Arizona Motor Vehicle Division before an administrative law judge.  Both the criminal case and the civil proceeding are distinct from each other and neither one’s result has any bearing on the other.  The administrative hearing involves the matter of suspension of the driver’s license of the person that was arrested for the DUI.

A person arrested for a DUI must request an administrative review hearing in writing within fifteen days of their arrest or they automatically have their driver’s license suspended.  Most administrative hearings consist of normal DUI hearing.  However, if a defendant refused to submit to a breath, blood, or urine sample that was requested, the defendant will have to request an Implied Consent hearing.  An implied consent hearing will focus around the following: 1) Whether or not the officer who arrested the person had reason to believe that they were driving or in actual physical control of the vehicle 2) Whether the defendant was placed under arrest, 3) Whether the defendant refused to perform the tests requested, 4) Whether the defendant was informed of the consequences of refusal.

Whatever the result of an administrative hearing is, a defendant can always try to appeal the decision to the Superior Court of Arizona.


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