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.
Knowles Law Firm, PLC often gets asked questions about DUI from those
who have been arrested and are facing either misdemeanor or felony charges.
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
Q: I was arrested for a DUI last week. Is it too late to request an
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
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.
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.
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
blood test (per "implied consent law") is grounds for an automatic license
suspension, refusing a field sobriety test is not.
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!
Knowles Law Firm, PLC acknowledges that, due to the complex nature of DUI
law, you may have more questions regarding your arrest and charges. This
is why our firm provides free and confidential consultations. 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.
Contact a Phoenix DUI lawyer today.