Arizona MVD Hearing After A DUI Charge
Getting charged with a DUI sets off a series of events from the moment the police pull you over. Once the police officer has enough evidence to formally arrest you, he will take away your license and issue you a temporary license that will expire on your Motor Vehicle Division hearing date.
Making sure that you don’t forget about the hearing regarding your license is important. Most people only worry about the criminal charges associated with the DUI and not the license suspension. This is where a defense lawyer can come in handy when you are trying to navigate the process of a DUI arrest.
What Is A Motor Vehicle Division Hearing?
When getting charged with a DUI there are two separate hearings that are important for the accused. A defendant must contact the Arizona Department of Transportation’s Motor Vehicle Division to schedule the hearing no later than 15 days from the arrest or their license will likely be suspended for the full sentencing term and they will not be able to challenge it.
You can request a hearing by going online to submit the request via their online portal, fax the request, mail in the request, or personally deliver it to the Executive Hearing Office.
There are multiple types of hearings held by the MVD. The circumstances surrounding your arrest will be dependent on the type of hearing you will need to attend.
Administrative Per Se
The Administrative Per Se hearing only covers a few of the circumstances revolving around a DUI arrest. This is where the Administrative Law Judge will review if the officer had reason to believe the defendant was unable to control the vehicle which resulted in the traffic stop, if the BAC was found to be over the legal limit, the authenticity of the chemical test, and what charges the defendant is facing.
Implied Consent Hearing
The Implied Consent hearing is only about discussing the law of implied consent. The object of discussion is if the traffic stop was justified and if the defendant was arrested and refused chemical testing for the suspicion of being under the influence of drugs and/or alcohol.
Negligent Operator Hearing, also known as a Points Hearing
This hearing is to discuss if a license suspension is warranted on the grounds that the defendant has accumulated too many points on their driver’s license at the time of the arrest and it is necessary to suspend their driving privileges.
What Happens After These Hearings?
After the initial Motor Vehicle Division hearing, the Decision and Order will be delivered by the judge within 10 days of the hearing. Included in this will be the Findings of Fact, Conclusion of the Law, and their Decision.
This decision is final. There will be information included with the orders that will advise the defendant and their attorney on how to request a rehearing or file an appeal on the decision made by the judge.
Therefore hiring an attorney after a DUI charge is so important. The hearings held by the Motor Vehicle Division can make a huge impact on your criminal case. Make sure that you obtain an attorney as soon as possible in the arrest so that they can gather all the evidence and have time to review it prior to the arraignment and the initial license hearing.
Find out about DUI under 21 consequences in Arizona.