Grand Canyon Law GroupN/a
If a police officer cites you for driving under the influence (DUI), they will give you a piece of paper called the admin per se form and take your license. Your driver’s license will be suspended 30 days from the date of your arrest unless you challenge the suspension. Many people do not realize this aspect of the DUI legal process and lose their driving abilities.
Reach out to the dedicated attorneys at Grand Canyon Law Group as soon as possible to challenge license suspensions and prevent other consequences. We can explain the license penalties in Tolleson DUI cases and help protect your rights.
There are several ways your case can proceed after a DUI arrest, making it a complicated process. If the officer does not submit the paperwork to ADOT or MVD, the license suspension will not begin. However, in many cases, a driver has 30 days from the date of their arrest to protect their ability to continue driving.
Our skilled Tolleson attorneys can explain the length of a potential license suspension depending on the facts of the DUI arrest. We can also determine defense strategies for preventing license suspension. This is crucial for all drivers, especially those that rely on their licenses to get to work or who drive for a living.
Once hired, a seasoned lawyer at our firm will submit a license suspension challenge and request for a hearing on behalf of the defendant. Alternatively, a driver can submit these requests on their own by following the instructions on the back of the admin per se form. In either case, this will automatically stop the suspension from going into effect. The driver can then go to MVD and get a duplicate license.
However, this does not permanently prevent the license suspension. Once a hearing is set, a driver should consult with a Tolleson attorney on defending against potential DUI license penalties. The legal team at Grand Canyon Law Group can handle the DUI license hearing on a driver’s behalf and explain how the process might proceed.
If the officer does not appear, we can void the license suspension. If they do appear, we can either challenge it or submit to the suspension, which can help a driver avoid the SR-22 that would come with losing the hearing. The judge in the license suspension hearing must decide whether the officer had reason to believe the driver was impaired while driving. This is a much lower standard than proving the DUI beyond a reasonable doubt.
Sometimes, the license suspension hearing is a good opportunity for our Tolleson attorneys to get a first shot at the officer earlier in the DUI case. By interviewing them, we can put their testimony on the record.
If a driver agreed to the blood or breath test during the DUI arrest, the penalties are a 30-day hard suspension and 60 days with a restricted license. The driver must undergo a screening and complete an application to get the restricted license. If the driver refused the tests, they face a one-year license suspension.
Suppose the license suspension was upheld earlier in the case, and then the driver is acquitted of DUI. The acquittal usually happens after the suspension ends and will not undo it. If a driver’s license suspension is voided early on and they are later convicted of DUI, they will still have their license suspended.
Although connected, the license suspension and criminal processes for a DUI case are primarily separate. Our relentless attorneys at Grand Canyon Law Group handle both sides and work to minimize the impact of the charges on your way of life. To learn more about preventing license penalties in Tolleson DUI cases, speak with our legal team today. Give us a call to set up a consultation about your circumstances.