MVD Hearings and DUI
Following an arrest for DUI, you will likely confiscate your driver’s license be given either a pink or yellow sheet of paper that reads ADMIN PER SE/IMPLIED CONSENT AFFIDAVIT at the top. Importantly, this Affidavit contains an Order of Suspension that begins 15 days after your arrest.
Usually the arresting officer will tell you that this piece of paper serves as your temporary license for the next 15 days.
The officer will file the affidavit with the Arizona Motor Vehicle Department to initiate the suspension of your driver’s license. The suspension will be for 90 days or more.
Request a Hearing
Our DUI lawyers can help you request a hearing with MVD to challenge the suspension of your driver’s license or give you more time until the suspension starts.
IMPORTANT: All hearing requests must be in writing and must be received in the Executive Hearing Office no more than 15 days after the date on the affidavit.
If you mail your hearing request, MVD will add an additional three (3) days to the filing period.
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What Happens at MVD Hearings?
Well, that depends. There are generally two types of MVD hearings that follow a DUI arrest.
I. Administrative Per Se Hearing
The purpose of the Administrative Per Se Hearing is for the Administrative Law Judge to determine whether to uphold or void the (90) day suspension of your driver’s license. The scope of the Administrative Per Se hearing will limited to the following, which must be proved by a preponderance of the evidence:
- Whether the officer had reasonable grounds to believe you were driving or were in actual physical control of a motor vehicle while under the influence of intoxicating liquor;
- Whether you were was placed under arrest for a DUI offense;
- Whether the results of any test you submitted to indicated your BAC was 0.08 or more, or 0.04 or more if you were driving or in actual physical control of a commercial motor vehicle;
- Whether the testing method used was valid and reliable; and
- Whether the test results were accurately evaluated.
If the MVD upholds the ninety (90) day suspension of your driver’s license, you may be eligible for a restricted permit. A person may qualify for a restricted permit only after serving the first 30 days of the suspension, but MVD may issue a restricted permit for the remaining sixty (60) days of the suspension that permits travel between your home and work, your home and school, your home and any treatment facility for scheduled appointments, and your home and the office of your probation officer for scheduled appointments.
II. Implied Consent Hearing
These cases are commonly referred to as “refusals.” In short, the scope of this hearing is to determine whether after being arrested for DUI you refused to consent to a test of your blood, breath, or urine to measure your blood alcohol concentration or to determine the presence of drugs after being told of the consequences for refusing. The penalty for a refusal is a one-year suspension of your driver’s license.
Take Action to Protect Your Driver’s License
It’s important to act quickly if the MVD is taking corrective action against your license. There are several options to protect or preserve your driving privilege when arrested for DUI. Our Phoenix DUI lawyers can help you with your MVD hearing and contest the suspension of your license.