What to Expect at an MVD Hearing

What to Expect at an MVD Hearing

If you have been arrested for driving under the influence of drugs or alcohol in the Phoenix area, you only have 15 days within which you can request a hearing to dispute a license suspension. This is because there are two types of penalties and therefore two types of hearings you will face after a DUI arrest: criminal and administrative. The MVD hearing is not your criminal hearing, but rather an administrative hearing with the Motor Vehicle Division (MVD) of the Arizona Department of Transportation. You can expect this hearing to be much more informal than a criminal hearing, but not less important by any means.

These cases are not handled in a criminal courtroom either, but rather at the local MVD office. There will be no jury, but you are allowed to bring an attorney to your case for your defense. There are also multiple different types of MVD hearings. After a DUI arrest, it is important to know not only the time constraints you are under to request this type of hearing, but what hearing your case requires.

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!

Categories: DUI

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