Phoenix DUI Lawyer Blog

Arizona DUI Attorney - DUI License Suspension - What to Expect

The MVD hearing is separate from your AZ DUI criminal charge. The Arizona Motor Vehicle Department will take administrative action against your driver's license and/or privilege to drive apart from the criminal prosecution for driving under the influence of alcohol. It is imperative that you consult an experienced Arizona DUI attorney regarding your AZ MVD hearing and be well prepared for your MVD hearing:

• If you "refused" testing or provided blood, breath or urine samples showing an alcohol concentration of .08 or higher, the police issue a pink and a yellow copy of the "Administrative Per Se/Implied Consent Affidavit," which explains you have only 15 days from the date the notice of suspension is served to request an MVD hearing. It is important that you do not miss this deadline.
• A.R.S. § 28-1385(C). A timely request for a hearing postpones the suspension until a hearing is held. A.R.S. § 28-1385(H). If you fail to timely request an MVD hearing, the AZ MVD will automatically suspend your driver's license for a period of 90 days if you submitted to the test and registered .08% BAC or higher.
• If you fail to timely request an AZ MVD hearing the AZ MVD will automatically suspend your driver's license for a an entire year for a "refusal". This applies if you previously refused the DUI testing at that time of the stop by the police officer; and or a warrant had to be issued by the judge allowing the police to proceed with testing.
• At MVD hearings related to a DUI arrests, the officer is subpoenaed to testify and present evidence against you. You are entitled to be represented by counsel and your legal representative is entitled to present evidence and dispute the charges and the officer's order of license suspension. Even if all officers appear, testify and prove their case against you your license will not be suspended immediately after the hearing. If the Administrative Law Judge upholds the suspension of your license, then the suspension will usually begin 20 days from the date of the Order.
• The arresting officer, as well as the person who administered the tests should be present at an MVD hearing. These proceedings are recorded and can be used later at a criminal trial. The MVD hearing is primarily used by the MVD to determining certain facts surrounding your DUI charge and how a breath, blood, or urine test was administered. The prosecutor will not be present. Your MVD hearing provides your DUI defense attorney to question the police officers without the prosecution being present. A good DUI Defense Attorney will examine and question their practices, mistakes or failure to follow protocol. If the case goes to trial, this evidence can be used against the prosecution or to suppress evidence.
• Even if the MVD does not suspend your license during your hearing, they can suspend your license if you plead to, or are found guilty of, the DUI criminal matter itself later.

In summary, there are really two distinguishable entities to deal with after a DUI if your license is suspended. That is your MVD hearing, and your DUI hearing. They are two separate organizations you are up against. It is critical to the outcome of our case to try and defend your self without legal representation from an strong>experienced DUI Attorney. If charged or had your license suspended do to a DUI, you should consult an Arizona DUI Attorney as soon as possible.