What Happens Now That I Have Been Arrested?
If you were arrested in the
state of Arizona for DUI, you will be involved in two separate
1. A “criminal” proceeding held with a
city or justice court in Arizona and…
2. A “civil” proceeding held with the Arizona Department
of Motor Vehicles.
These two proceedings are not dependent on one another.
This means that the outcome of one does not affect the outcome of
After your arrest for DUI, you will be given a citation
that lists the date and location of your first court appearance.
This is a pre-trial hearing and the beginning of your “criminal”
proceeding. You will be asked to make a plea of guilty or not guilty
at this hearing. If you plead not guilty, a jury or bench hearing
will be scheduled. If you plead guilty, a second hearing with a
state prosecutor will be scheduled. At this hearing you will be
able to discuss a plea bargain with the prosecutor before you are
sentenced by the judge. You may hire a lawyer or request a court
appointed lawyer at anytime prior to sentencing. However, the prosecutor
will typically only ask for the minimum sentence
for a first offense DUI.
The arresting officer will also furnish two copies
of the “Admin Per Se/Implied Consent” form. The yellow
copy serves as your temporary driver’s license until sentencing
or an agreed upon date for your license suspension to begin. You
may request a summary review or a hearing with the DMV by completely
the pink copy and mailing it to:
Arizona Department of Transportation
Executive Hearing Office
Mail Drop 507M
P.O. Box 2100
If you do not request a summary review or hearing
within 15 days of your arrest, your driver’s license suspension
will automatically tale effect.
If you win the “civil” proceeding and
anticipate that you may loose the “criminal” trial either
by a plea of guilty or a guilty finding, you still want to agree
to the license suspension.
If your “criminal” proceeding is
settled prior to your “civil” proceeding you may want
to request an extension so that you can contact the DMV hearing
office and agree to the suspension before your “criminal”
sentence is delivered.