If you get pulled over for a DUI and your breath test is above a 0.08 or you refuse to do the blood test, the officer will give you a pink and a yellow piece of paper called an Administrative Per Se Implied Consent Affidavit. Once you receive this you have 15 days from the date you’re cited to request a hearing otherwise you’re going to lose your license for 90 days or a year (depending if you’re a refusal or above a .08). You need to hire an experienced Phoenix DUI Attorney who can request a hearing on your behalf.
Once a hearing is requested the yellow piece of paper on the back is your driver’s license. It usually takes 2-3 months before the hearing is actually set and the hearing is another month after that. So for the next 3-4 months that yellow piece of paper is your license. If you’re stopped by the police you simply show the yellow paper to them and say “my lawyer requested a hearing”. If the officer still writes you a ticket for driving on a suspended license, bring the ticket in to us and we’ll get it dismissed. This often happens because the officer does not know the full DUI process.
However sometimes it’s not that simple. If your blood is drawn and the officer simply releases you and they don’t give you that yellow piece of paper, that is because they are waiting to see if your blood results come back above the legal limit. When the result comes back the officer will send the result to the DMV and the DMV will send you a Corrective Action Notice. The notice will state that your license will be suspended in 15 days unless you request a hearing. Simply tell us about it and we’ll request a hearing for you and you are still legal to drive for 2-3 months after that. The only difference is you won’t have that yellow piece of paper. Again if you run into a problem tell the officer that we represent you and refer them over to us.
Any time you get something in the mail regarding the motor vehicle division where they state your license will be suspended, your best course of action is to call an attorney. If any of these scenarios apply to you, give the Law Offices of David Michael Cantor a call at 602-307-0808 or visit us a dmcantor.com and set for a free initial consultation in our office.