As of February 1, 2006 in certain situations, it will be likely to get a “work permit” to drive to and from work, school, or alcohol classes if you were suspended for declining a chemical test (i.e., an “implied consent” suspension).
A document called the Administrative Per SE/ Implied Consent Affidavit generally is handed out to the driver when the results of the BAC check is .08% or higher, or if you denied to submit to the test. The document consists of a pink and yellow piece of paper. A request for a hearing must be made inside fifteen (15) days from the time the Affidavit was given. This is accomplished by filling out the back of the pink sheet and sending it to the DMV address on the upper left hand of the front page. If you retain the Law Offices of David Michael Cantor, P.C., then we will directly file an authorized “Request for Hearing” pleading on your behalf. If this is not completed, then on the 16th day the ninety (90) day suspension will immediately proceed into effect if you were over a .08%, or a one (1) year suspension if there was a denial to submit to a blood, breath or urine check.
If the request for hearing is made inside the fifteen (15) days, a “Hearing Date Notice” will usually be mailed out two (2) months subsequent. The official Hearing Date will be a month after obtaining the Hearing Date Notice. Throughout this two (2) to three (3) month time span, your license is valid and you are allowed to drive (assuming it was valid before the DUI stop). You will have the yellow portion in your possession which will act as your “Temporary License”. If you are stopped by an officer in that time span and he tells you that your permit is suspended, simply tell him that we are your DUI lawyers in Arizona and we have requested a hearing on your behalf. If he still cites you for driving on a suspended license, don’t panic. Simply bring us in the citation and we will take care of it. If he arrests you for driving on a suspended license, you can sue him for false arrest.