Can You Challenge a Suspension
Yes, you can challenge a suspension of your driver’s license. If you or your attorney requests a hearing, the suspension is stayed and you are considered to have a valid license at least until the day of the hearing.
The hearing will usually take place in the county in which the offense occurred unless the officer requests otherwise.
If you refused to submit to or successfully complete a test of your breath, blood, urine or other bodily substance and a hearing is requested, then the State must prove that the officer had reasonable grounds to believe that you were driving a vehicle while under the influence; that you were placed under arrest; that you refused to submit to the test(s); and that you were informed of the consequences of refusal.
If you submitted to chemical testing (non-refusal), the State must prove that the officer had reasonable grounds to believe you were driving while under the influence; that you were placed under arrest; that a valid and reliable test was completed and it indicated a result of .08 or more for a non-commercial license, or .04 or more for a commercial license while driving a commercial vehicle; and that the result was accurately evaluated.
If a suspension is ordered, you have the right to review.
A non-refusal case requires a motion for rehearing to be filed with the Arizona Motor Vehicle Division and must be ruled upon before a petition for review may be filed with Superior Court.
In a refusal case, a motion for rehearing is not required before a petition for review is filed in Superior Court.
A petition for review must be filed within 30 days of the Motor Vehicle Division’s final order of suspension and will be heard on an expedited basis.
Your attorney will assist you in making the best decision regarding your driver’s license options.