The repercussion for a driver pulled over for DUI for just refusing to submit themselves to tests and obtaining a result which is over the legal restrictions of the tested started 20 years back. Suspension of the license for refusal to submit to a chemical tests such as blood, breath or urine sample has already been approved in all states.
In other states, simple suspension or revocation has been implemented. Lawyers call this the Administrative License Revocation (ALR) or Administrative License Suspension (ALS). In essence, however, the practice is similar. Both are designed as a penalty for subjecting yourself to the test and getting a score over the legal limit. It is an addition to the classic DUI punishments such as suspension or probation, jail time, community service, to name just a few. Both involve immediate revocation or suspension, which requires a hearing in order to dismiss or rescind the case. Thus, a DUI is both a criminal and administrative case against you.
During the late 80s and early 90s, however, the issue of revoking the license for simply taking the tests has been a subject of heated debates as most defense lawyers claim that such penalty can be likened to you being punished two times for one offense. However, the courts ruled that driving is not an individual right but a privilege. Current rules in license issuance in most states have already incorporated the revocation or confiscation of the license in case of an arrest. In addition, the courts can also give a valid reason for the revocation of a driver’s license.
In their efforts to win the case for their clients, your Arizona DUI lawyer will take crucial steps during the hearing of the administrative case. Likewise, in most states implementing the laws in license revocation, the lawyer will only have a short time to file an appeal or motion to rescind or dismiss the particular case ranging from at least 5 to a maximum of 30 days from the time of arrest. After this period, no more appeal for hearing would be granted. The process for restoring your driving privileges after it is suspended or revoked can be complicated and costly on your part.
You need to keep in mind that in administrative cases, the burden of proof lies in the civil burden of proof which is much easier than the traditional “proof beyond reasonable doubt” which is being implemented in a criminal case. In any case, you need to get in touch with an Arizona DUI lawyer if you find yourself getting arrested for DUI.
Hey Arizonaduilawyer,
Thanks for your thoughts Similar to arrest records, Arizona DUI records are a collection of cases wherein the offenders are charged with driving under the influence of alcohol or drugs. It is available for public viewing and is primarily used by insurance companies and agencies wishing to hire a candidate. The purpose is to make sure that the individual has no criminal records related to drunken driving.
Thx.