MVD Hearings & DUI Cases in Phoenix
What is an MVD hearing?
When you are arrested for driving under the influence, the main thought that may be running through your mind is that you will soon be facing criminal penalties. This is true. What many people fail to realize, however, is that a criminal charge relating to a DUI will result in two separate cases. Charges relating to driving under the influence are rare exceptions because the driver will be responsible for both criminal charges and a civil case.
Following an arrest for drunken driving in Arizona, a defendant will need to partake in a hearing for the Arizona Department of Transportation's Motor Vehicle Division, commonly known as the MVD hearing. This is a civil hearing that is usually informal in nature, and during which the possible driver's license suspension of the defendant will be discussed. There will not be a jury in your MVD meeting, however, that does not mean that the MVD hearing is not important. In fact, this hearing is extremely important and will have a direct impact on the consequences of the arrest.
Different Types of MVD Hearings
Another major misconception following DUI charges is that there is only one type of DMV hearing that one will face. On the other hand, there are actually several types of MVD hearings and the one that you attend will depend on the circumstances and nature of the suspension.
These hearings are broken down into the following:
- Administrative Per Se Hearing - This hearing will address only a few issues, namely, whether the officer had reason to believe the defendant was out of control of the vehicle, whether there was a BAC over the legal limit, whether the chemical tests were accurate and accurately evaluated and whether the defendant is facing charges for a DUI, DWI, Extreme DWI or Aggravated DUI. The hearing is not to address any other extenuating issues.
- Implied Consent Hearing - This hearing is limited to discussing whether there was reason to believe the defendant was in control of the vehicle at the time of the arrest, whether they were arrested and whether they participated in a chemical test refusal.
- Negligent Operator 'Points' Hearing - This hearing is to discuss whether a driver's license suspension will be awarded based on whether the defendant has accumulated too many points on their license from previous traffic violations.
All of these hearings have different implications and areas of focus, but each hearing is incredibly important to your future as a driver. For this reason, you should not hesitate to contact an experienced Phoenix DUI attorney who can help you obtain the desirable result that you deserve. These cases are complex, but with the right amount of legal assistance, you can take the necessary steps towards navigating through this complex process today.
What to Expect at an MVD Hearing
First of all, there is the administrative per se hearing. What can you expect to encounter at this type of hearing? If you request this type of hearing, you and your attorney can combat the traffic stop itself and whether or not it was lawful. You could contest the BAC findings such as evidence that came from the breath, blood or urine test. The type of DUI you were arrested for can also be evaluated, such as whether it should be classified as a felony DUI or a misdemeanor DUI.
There is then the implied consent hearing. "Implied consent" refers to the consent a person must give to a breath or blood test after a lawful DUI arrest. Everyone who possesses an Arizona driver's license essentially gives their implied consent to this type of test should a law enforcement official lawfully arrest them for driving under the influence of drugs or alcohol. At this hearing, you and your attorney can only address issues surrounding implied consent law. This might include whether or not the arrest was lawful and whether or not the individual actually refused the test.
Lastly, there is the negligent operator hearing which is also commonly referred to as the "points" hearing. The MVD has a points system for everyone's driver's license. For every moving violation, DUI, etc. points will be added to that person's record. This type of hearing solely focuses on the amount of points that are on a person's record and whether or not those points are enough to constitute a license suspension.
If you have been arrested for DUI and are seeking legal representation to guide you through the MVD hearing process, please don't hesitate to contact our firm today!
Why Hire our Phoenix DUI Defense Attorneys?
Knowles Law Firm, PLC has achieved an intimate knowledge of DUI law over its years in practice. These Phoenix DUI attorneys know the importance of swift and effective legal assistance and will therefore go the distance in our efforts to ensure that clients receive quality support and full protection that they deserve. According to the 2010 Arizona Code §28-1385, you will only have fifteen days before the automatic suspension of your driver's license is served.
Orders of suspension:
- Are effective 15 days after the date it’s served.
- Require immediately surrender of driver’s licenses or permits in Arizona.
- Will provide information about reviews and hearings.
Our Phoenix DUI Lawyers are Ready to Review Your Case
There is no time to waste. If you choose to contact the firm, we will immediately request a hearing and will begin to prep our defense. No matter if we are facing the criminal charges or the civil case, you can be confident knowing that the attorneys from the firm will apply the same thorough approach and the same high-quality level of service.
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