Facing a driving under the influence (DUI) charge in Arizona involves not only potential criminal penalties, but also civil penalties that affect your ability to keep your driver’s license. As a charged individual, you have the option of requesting a Motor Vehicles Division (MVD) hearing to essentially discuss the reasons why your driver’s license should or should not be suspended or revoked. Individuals who have refused to submit to blood, breath, or urine tests as a means of measuring blood-alcohol content (BAC) often request an MVD hearing, as the consequences of refusing to take such a test can result in a twelve (12) month suspension of your Arizona driver’s license.
What Happens at the MVD Hearing?
When you attend the MVD hearing, an administrative judge overseeing the matter will make the decision as to whether or not your license should be suspended. The judge will make his or her decision based on whether or not the prosecution can prove that the arresting police officer followed all rules and procedures in accordance with the law. For example, if an administrative judge does not believe there is sufficient evidence to demonstrate that you were lawfully arrested, you may be able to avoid the suspension of your driver’s license. Further, the prosecution must prove that you in some way refused to consent to a blood, breath, or urine test to measure your BAC.
If the prosecution is ultimately able to prove that you were in fact driving under the influence, your license will automatically be suspended for ninety (90) days, and if you refused to submit to a blood, breath, or urine test, your license may be suspended for an additional twelve (12) months. Given that so much is at stake with both your DUI charge and your MVD hearing, it is imperative that you have legal counsel every step of the way.
While Arizona law does require that your license be suspended for a set period of time if you are ultimately found guilty of the DUI charge, if you have an attorney advocating on your behalf, you may be able to avoid conviction and/or the loss of your driver’s license. Your attorney will take all possible steps to disprove the prosecution’s case and present evidence that is contrary to what the prosecution has presented. Without an attorney, you may be placing yourself at greater risk of losing your driver’s license simply because you may not be aware of the legal requirements of the process, and your right to have an MVD hearing in the state of Arizona.
Contact the Phoenix DUI Defense Attorneys of Ariano & Associates Today
If you have been charged with driving under the influence (DUI) in Arizona, you likely have feelings of helplessness that won’t go away over night. Any criminal charge is frightening, but DUIs have a variety of negative consequences if you are ultimately convicted. Because one of the serious consequences involves the potential loss of your driver’s license, it is crucial to act quickly following arrest. The sooner you are able to discuss your case with an attorney, the more likely it is that you will be able to reach a result that you may not otherwise reach without an attorney by your side. The Phoenix DUI Defense Attorneys of Ariano & Associates, have a reputation for providing their clients with legal representation that stands out from the rest. This is demonstrated by our law firm’s “A” rating by the Better Business Bureau as well as multiple positive online reviews we have received. To speak with one of our Phoenix DUI Defense Attorneys, contact Faussette & Faussette, today by calling (623) 777-2058. We are available 24/7 to answer your questions and alleviate your concerns.
Call to speak directly with Phoenix DUI lawyers at Ariano & Associates for more information about what happens at an MVD hearing.