Have you been charged with driving under the influence in Tucson or Pima County? Have you spoken with an experienced Tucson DUI attorney who handles Motor Vehicle Division (MVD) hearings?
If you have been charged with drunk driving in Tucson you have (15) fifteen days from the date you were served with either an Admin Per Se or Implied Consent Affidavit to request an MVD hearing. After (15) days your driving privileges are automatically revoked. For this reason it’s important you consult with a Tucson DUI attorney early in your case about the benefits and drawbacks of requesting an MVD hearing. If a timely request is made your license suspension is on hold until the MVD makes a decision at your hearing. If you retain a Tucson DUI attorney then he or she will request the hearing
MVD hearings in Tucson are administrative or civil proceedings and are far less formal than a criminal hearing. Although you may call witnesses at the MVD hearing, quite often only your attorney, the arresting officer, and the administrative law judge (ALJ) are present. At the MVD hearing the State has the burden to prove by a preponderance of evidence that your license suspension should be upheld. Typically the ALJ will ask questions of the arresting officer about all the elements necessary to uphold the suspension. Following the ALJ’s questioning defense counsel is afforded the opportunity to question the arresting officer without the presence of the prosecutor. Occasionally the officer makes admissions or offers conflicting testimony that can later be used in your criminal case. If the ALJ upholds your license suspension it will begin about (20) days after the hearing.
Administrative Per Se Hearings (Admin Per Se Hearings)
Following are the issues that may be contested in an Admin Per Se hearing in Tucson.
- 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 placed under arrest for a DUI offense;
- Whether the test results indicated a BAC of .08 or more, or .04 or more for a commercial motor vehicle;
- Whether the testing method used was valid and reliable; and
- Whether the test results were accurately evaluated.
If the Administrative Law judge upholds the (90) days suspension you may be eligible for a restricted permit after (30) days.
Implied Consent Hearings
If you operate a motor vehicle in Arizona you have impliedly consented to the testing of your blood or urine for determining alcohol or drug concentration for any DUI related offense.
The purpose of the Implied Consent Hearing is for the Administrative Law Judge to determine whether to uphold or void not less than a one year suspension of your driver’s license and/or privilege to drive.
The scope of the Implied Consent hearing includes:
1. Whether the Officer had reasonable grounds to believe that you were DUI, or if you are under twenty-one years of age, that you were driving with spirituous liquor in your body;
2. Whether you were placed under arrest;
3. Whether you refused to submit to the test; and
4. Whether you were informed of the consequences of refusal.
If the Administrative Law judge upholds the one year suspension you may be eligible for a restricted permit after 90 days.
Contact our Tucson DUI attorneys who have extensive experience in handling MVD hearings in Tucson and Pima county.