If arrested, can the police officer immediately take my driver’s license?

Posted by Craig Penrod | Sep 09, 2013 | 0 Comments

Convictions of D.U.I. charges may result in mandatory license suspension. However, often when an officer has obtained a breath or blood sample at the time of the arrest, or you have refused to submit to a test of your blood, breath or urine, the officer may take your license administratively, and give you a temporary driving permit. This is called an “admin per se” or “implied consent” suspension and may result in a 90-day suspension of your driving privileges if the officer obtained a breath or blood sample, or a one-year suspension if you refused to submit to a test of your blood, breath or urine. These are separate proceedings from the criminal case and your license could be suspended even prior to your ever getting to court on the D.U.I. case if you ignore the paperwork. However, if a hearing is requested within the fifteen (15) day period after your arrest, the license suspension will be stayed and you are entitled to a hearing in the future as to whether or not your license will be suspended based upon the circumstances of your  arrest, as well as the apparent operating condition of the intoxilyzer or breathalyzer.

The best advice is to contact an experienced D.U.I. attorney immediately so that he or she can analyze the situation and take action to prevent the interruption of your driving privileges. If you find yourself in this situation, contact the Law Offices of Craig Penrod at 480-753-5888 and obtain a free consultation regarding the suspension and filing of criminal charges.

About the Author

Craig Penrod

Craig W. Penrod was born and raised in Arizona and has practiced criminal defense for over 30 years. Mr. Penrod is a member of the State Bar of Arizona, Maricopa County Bar Association, State of Nevada Bar Association, American Bar Association, American Trial Lawyers Association, Arizona Trial Lawyers Association, Nevada Trial Lawyers Association, Arizona Attorneys for Criminal Justice and the National Association of Criminal Defense Lawyers.


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