MVD Hearings & DUI Cases
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
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
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.