When you are charged with DUI in Arizona, the court appearance is not the end of the matter, even if you enter a plea. A Motor Vehicle Division hearing is often an inherent part of the DUI process, so it is important to know what to do at this important meeting.
There are several types of MVD hearings but one of the most common is the type that is connected with a DUI charge. Before your license can be suspended, you have the right to request a hearing with the MVD. You may also request a hearing to reinstate driving privileges if circumstances change with your case or new evidence comes to light.
The process for dealing with the MVD can be complicated, but it is sometimes worth the effort. There have been cases in which the MVD chose to reinstate a license or did not suspend a license based on the evidence presented at such hearings.
When you are charged with DUI, the officer files a copy of the Admin Per Se/Implied Consent Affidavit with both the court and the MVD. The “pink slip” is the evidence the MVD will use to suspend your license unless you request a hearing to explain the charge.
Once you are charged with DUI, you have 15 days to request a hearing from the MVD. If you fail to do so, your license is automatically suspended for 90 days if you submitted to the blood and breath test or one year if you refused the tests.
One of the immediate advantages of requesting a hearing is that your license suspension is “stayed” until your hearing date. This may not buy you a great deal of time but it will allow you to go on driving at least until you have your hearing. Although the MVD tries to schedule hearings in a timely manner, it may be weeks before your hearing date.
Another advantage of dealing with the MVD instead of the court on your license suspension is that you may be able to avoid certain penalties. For example, if the MVD suspends your license, the court cannot order a further suspension.
During the hearing, you may present any evidence that would help the hearing officer reach a decision. You have the right to have an attorney represent you at your hearing.
After the hearing, you will receive the hearing officer’s decision. You may still lose your license, but you should receive some instruction on what it will take to reinstate your driving privileges.
Alex Lane may be able to help you through this difficult process. Contact his office today to find out how you can keep your license or minimize the suspension period you must go through as a result of a DUI charge.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.