Will they give me a copy of the affidavit when I am arrested?
If you are charged with DUI, depending on the type of chemical test used and the court in which you are arrested, you may or may not be provided with this form during the DUI arrest process.
Refusal to provide a chemical sample. If you have refused to provide the officer with a chemical sample, the officer will inform you that your license will be suspended for twelve (12) months. This 12- month suspension takes effect even if the officer obtained a search warrant and obtained a sample of your blood despite your refusal. Even though the officer ultimately obtained a chemical sample, your refusal will result in a 12-month suspension.
Breath test jurisdictions. If the police force which arrested you uses an Intoxilyzer 5000 or Intoxilyzer 8000 and you tested over 0.08 BAC, you will be provided with a copy of the affidavit and told that if you do not request a hearing, your license will be suspended within fifteen (15) days of the date of affidavit. Please note that a portable breath test is different than an Intoxilyzer. Do not get the two confused.
Blood test jurisdictions. You may or may not receive an affidavit in blood test jurisdictions. Although they do not have the results of your blood test yet, some departments, such as Phoenix Police, will issue an order of suspension on the night of your arrest. Other jurisdictions will not provide you with a copy of an affidavit. Rather, once the arresting officer receives the results of the blood test, he will notify MVD. MVD will issue a Corrective Action letter notifying you of your suspension because your BAC was over 0.08.
If you have been charged with a DUI or Drug related DUI, contact the Arizona criminal defense lawyers at Oracle Law Group Office P.C. for assistance with your criminal case.