Phoenix MVD Hearing Lawyer
Arizona Motor Vehicle Division (MVD) Hearings Attorney
If charged with DUI in Phoenix, the defendant will have to go through two proceedings: A criminal proceeding and a civil proceeding. The civil proceeding will be held at the Arizona Motor Vehicle Division (MVD) before an administrative hearing officer to determine whether or not the defendant’s license will be suspended.
This is a very important aspect to your DUI charges and your case. This MVD hearing has nothing to do with the criminal justice aspect of your case. You will not be sentenced to incarceration during this hearing. However, it is equally important because it concerns your driving privileges. Depending upon the outcome of this MVD hearing, you could have a suspended, revoked, restricted or otherwise inhibited license.
Depending upon whether or not you submitted to blood, breath or urine testing when arrested for your DUI, your Phoenix license could be suspended from anywhere between 90 days to two years in the civil proceeding. Those who complete a blood, breath or urine test that indicates their BAC was over .08% will receive a minimum 90 day license suspension. If you refused to take a blood, breath or urine test, or failed to complete one, you could face a 12 month minimum license suspension. The Phoenix MVD hearing will determine whether your suspension will be upheld based on the decision of an administrative law judge. The outcome of the hearing will have no bearing on the pending criminal proceeding in which your DUI will be decided by a jury at a trial.
Phoenix MVD Lawyer Joshua S. Davidson
If you have been arrested and charged with DUI, the MVD hearing is your opportunity to fight for your right to drive. In Phoenix, Scottsdale, Glendale, Mesa and Tempe, you must request an MVD hearing within 15 days of receiving your order of suspension (usually the same time as the DUI charge). Otherwise your license will automatically be suspended. If you submit a request for an MVD hearing before the 15 day period ends, the suspension will not go into effect until after the MVD hearing, depending upon the outcome.
The MVD Hearing is separate from your criminal proceeding but it is still important that you have your DUI defense attorney present. As your Phoenix DUI defense Attorney, Joshua S. Davidson will protect your rights and make sure you receive the shortest license suspension possible at your MVD hearing. A lengthy license suspension could be detrimental to your job, family and other responsibilities. Protect your driving rights as much as possible by hiring an experienced Phoenix DUI lawyer to attend the MVD hearing with you.
If you have been charged with DUI and need the advice of a Lawyer regarding your MVD hearing, Contact Phoenix DUI Defense Attorney Joshua S. Davidson today!