What is an MVD License Hearing?
Under Arizona law, the MVD has the right to administratively suspend your driving privileges in the event that you are arrested for DUI or upon refusing a breath or blood test. This suspension is automatic unless you request an executive hearing with the MVD within 15 days of your arrest. An MVD hearing is an informal meeting in which you will be given the opportunity to appeal your suspension. This hearing will be different depending on the unique circumstances of your situation.
There are three different types of MVD hearings in Arizona:
Administrative Per Se Hearing: During this type of hearing, the MVD will address whether or not the officer had sufficient reason to believe you were out of control of your vehicle, whether your blood alcohol concentration (BAC) was over the legal limit of 0.08%, whether the administered chemical tests were accurate, and what type of DUI charges you face.
Implied Consent Hearing: This hearing deals with chemical test refusals. The MVD will address whether or not you were in control of your vehicle at the time of arrest, whether or not an arrest took place, and whether or not you refused to consent to a breath, blood, or urine test.
Negligent Operator Points Hearing: This type of hearing deals with Arizona's "points" system. If a driver accumulates enough points from traffic violations, their license will be suspended. This hearing addresses whether or not you have accumulated too many points from prior offenses.
If the MVD decides to uphold your suspension, your license will be suspended for a minimum of 90 days - or one year for a chemical test refusal. Attorney Charlie Naegle can represent you at this hearing and fight to protect your right to drive. These cases can be extremely complex, and an experienced lawyer can greatly improve your chances of success.
Let us put our expertise to work for you during this moment of crisis. We understand the importance of your situation, and we can provide the advocacy you need with your driving privileges on the line. Contact us online today or call 480-378-9000.