Introduction to Motor Vehicle Division Hearings in Arizona – Mesa DUI Attorneys
MVD hearings are informal civil proceedings where an administrative law judge (ALJ) will determine whether your license suspension should be upheld. The MVD hearing provides an opportunity to question the arresting officer without the presence and assistance of the prosecutor. Sometimes the arresting officer will make admissions or offer conflicting testimony that can later be used in the criminal case. Therefore, having a skilled Mesa DUI lawyer on your side may improve your chances of keeping your license and obtaining statements that will benefit your DUI case.
If you were charged with drunk driving in Mesa Arizona you were likely given an Admin Per Se or Implied Consent Affidavit at the time of your arrest. You have fifteen (15) days from the date of receiving this notice to request a hearing with the MVD; otherwise, your driving privileges are automatically suspended. If a hearing is requested within fifteen (15) days, the suspension is put on hold pending the outcome of the MVD hearing.
Admin Per Se
If you were arrested for DUI and your BAC (blood alcohol content) was greater than .08, your license will be suspended for a period of ninety (90) days.
The scope of the Admin Per Se hearing is as follows:
1. Whether the officer had reasonable grounds to believe you were driving or were in actual physical control of a motor vehicle while under the influence of intoxicating liquor;
2. Whether you were placed under arrest for a DUI offense;
3. Whether the test results indicated a BAC of .08 or more, or .04 or more for a commercial motor vehicle;
4. Whether the testing method used was valid and reliable; and
5. Whether the test results were accurately evaluated.
Although the suspension is for ninety (90) days, you may qualify for a restricted permit after thirty (30) days. In order to qualify for a restricted permit the following must be true:
- You did not cause serious physical injury to another during the course of conduct that led to your DUI charge.
- You have not been convicted of DUI, Extreme DUI, or Aggravated DUI within eighty four (84) months of the current DUI charges.
- You driving privileges have not been suspended for refusing to submit to a blood, breath or urine test within eighty-four (84) months of the current DUI charge.
Having a restricted permits means you can drive between your home and place of employment, secondary or post-secondary school, office of your probation officer, or for alcohol/drug screening and education.
Implied Consent Hearings
In Arizona if you operate a motor vehicle you have impliedly consented to the testing of your blood, breath, or urine to determine alcohol or drug concentration for any DUI-related offense. Therefore, if you have been arrested for a DUI related offense and you refuse to give consent to blood, breath, and or urine testing, your license will be suspended for a period of one (1) year.
The following issues may be raised at the Implied Consent hearing:
1. Whether the Officer had reasonable grounds to believe that you were DUI, or if you are under twenty-one years of age, that you were driving with spirituous liquor in your body;
2. Whether you were placed under arrest;
3. Whether you refused to submit to the test; and
4. Whether you were informed of the consequences of refusal.
Although the suspension is for (1) year, you may apply to the Motor Vehicle Division for a Special Ignition Interlock Restricted Driver License (SIIRDL). If the MVD grants your request for an SIIRDL, the device must be maintained in the vehicle for the remaining time of your suspension.
Having a Special Ignition Interlock Restricted Driver’s License (SIIRDL) means you can drive between your home and place of employment, secondary or post-secondary school, office of your probation officer, alcohol/drug screening and education facility, physician or health care professional, and a certified ignition interlock device service facility. The attorneys at Ariano & Associates, PLLC are on call 24 hours a day, 7 days a week to answer your questions.