FAQ for Phoenix DUI Cases

Answers to Common DUI Questions

DUI is a specific criminal law practice. Only the most experienced and knowledgeable attorneys should handle these types of cases, due to their intricate nature.

Phoenix DUI lawyers at our firm found it would be helpful to provide answers to some of the most commonly asked DUI questions. These answers should not take the place of legal advice obtained directly from our legal team.

However, these answers can serve to be a general guide through the DUI process.

Q: I was arrested for a DUI last week. Is it too late to request an MVD hearing? 

A: Arizona law states that those who have been arrested for DUI have 15 days from the date of their arrest to request an MVD (Motor Vehicle Division) hearing.

This is not the criminal hearing, but will be held at your local MVD office.

Q: I requested an MVD hearing. When and where will this hearing be held?

A: After a request for an MVD hearing is approved, you should be sent a notice informing you of your hearing date. Hearings are scheduled 30-35 days after initial request. Under certain circumstances, this time period may be extended an additional 30 days.

The waiting period will depend on where you are requesting an MVD hearing. If you reside in Phoenix, the MVD department states that waiting period for hearings is "significantly longer" approximately 45-60 days. There are more than 45 MVD offices in Arizona and three Phoenix offices.

Q: How are DUI charges enhanced to aggravated status?

A: A DUI charge can be considered an aggravated form of a DUI if: your blood alcohol content (BAC) was over .15 percent, you were traveling with a child passenger, if you seriously hurt or killed someone, you were driving on a suspended license or you had prior DUI convictions within the prior seven years.

Q: Will I face automatic license suspension if I refuse a field sobriety test? 

A: The standardized field sobriety tests are not the same as breath and blood tests. Peace officers use field sobriety tests to ascertain whether or not a driver should be arrested for DUI and taken in for further chemical testing.

While refusing a breath or blood test (per "implied consent law") is grounds for an automatic license suspension, refusing a field sobriety test is not.

Q: I'm a bartender and was arrested for dram shop liability. What can I do? 

A: By law, those who work for bars, nightclubs and the like who sell or give alcohol to obviously intoxicated or underage individuals can be held accountable if the driver causes an accident due to intoxication.

If you can disprove that the licensed liquor administrator did not sell alcohol to someone who was visibly intoxicated, disprove that the purchaser consumer this alcohol or disprove that the consumption of that alcohol was the primary cause of the accident, then you may be able to get your dram shop charges dropped.

For More Answers, Contact a Phoenix DUI Attorney!

By contacting a Phoenix criminal defense attorney from the firm, you will be able to speak directly with someone who can provide trustworthy advice regarding your legal issues.

Don't hesitate to take advantage of this helpful service.