DUI charges often lead to more than just criminal convictions and a notation on your criminal record. They also lead to loss of your driver’s license which occurs as a result of a Motor Vehicle Division Hearing. If you have been arrested on suspicion of DUI criminal charge, do not hesitate to contact an experienced Phoenix Motor Vehicle Division Hearing attorney.
A motor vehicle division hearing occurs simultaneously with criminal proceedings after you are arrested for suspicion of DUI. A Motor Vehicle Division hearing often occurs because you refused to take a blood test or breathalyzer at the time of your arrest. This typically leads to automatic revocation of your license and a requirement to attend a Motor Vehicle Division hearing to determine the fate of your license revocation.
During the process, you will go before an administrative judge who determines the status of your license. The state must be able to prove that the law enforcement officer had just cause to pull you over or suspect that you were driving under the influence. There must also be sufficient evidence to indicate that the law enforcement officer informed you of the consequences of refusing a chemical test.
While Motor Vehicle Division Hearings typically involve DUI offenses, they can occur as the result of other traffic violations in certain circumstances.
Arizona laws have become increasingly strict over the years as legislators work to curb the incidence of DUIs, DUI crashes, and any other crimes that occur as a result of DUI offenses. If you refuse to submit to a chemical test upon arrest for a DUI charge, a law enforcement officer will serve you with an Administrative Per Se Affidavit or an Implied Consent Affidavit. This affidavit contains an Order of Suspension which automatically begins 15 days later. You must timely request a hearing which will stay the suspension until the motor vehicle division hearing occurs.
At the hearing, the administrative judge will take into account the facts of your case. If the state is successful in proving that the law enforcement officer had reason to pull you over, your license will be automatically suspended for 90 days for the DUI offense alone. If you refused a blood or breath test as well, your license will also be suspended for an additional one year. This is a very harsh penalty to face after your first DUI and it is therefore important to speak with a Phoenix Motor Vehicle Division Hearing attorney who has plenty of experience in handling license revocation cases.
If you are facing a Motor Vehicle Division Hearing, contact the Orent Law Offices today. Arizona Motor Vehicle Division Hearings require timely responses in order to present your case to the administrative judge. If you miss any of these deadlines, your license will automatically be revoked without presenting any additional information. Craig Orent the Phoenix criminal defense attorney of the Orent Law Offices has over 25 years of experience in handling DUI cases and understands the best methods to approach a motor vehicle division hearing.