In addition to facing criminal charges in court, individuals arrested with DUI in Scottsdale may also have their drivers license suspended by the Motor Vehicle Department or MVD. The length and type of the MVD suspension depends on a number of factors including the facts of your case, whether you have any previous DUI related suspensions, and the BAC results.
The consequences of a conviction continue to take their toll long after your sentence in completed. Your standing with MVD is no exception. In fact, many clients find the inability to drive far more disruptive to their lives than a jail term because it interferes with so many aspects of their day to day responsibilities. Joshua S. Davidson understands how important the ability to drive is to you and your family. If you are facing an MVD suspension as a result of your Scottsdale DUI arrest, Mr. Davidson will represent you both in court and at MVD.
Under Arizona law, an individual gives implied consent to have his blood, breath or urine tested if arrested for DUI. Unlike other states where the drivers are allowed to choose which type of test will be conducted, Arizona allows the arresting officer to make that decision. In almost all circumstances, Scottsdale DUI police officers will require a blood test.
About Arizona Department of Motor Vehicles Hearings
Scottsdale Police Officers are required to advise you of the consequences that will result if you refuse the test. Specifically, you must be informed that your license will be suspended for a minimum of 90 days if your BAC is at least .08% (or .04% if a commercial vehicle is involved). The officer also needs to inform you that your license will be suspended for a minimum of 12 months if you refuse to take the test.
If you refuse to take or successfully complete the test, the police can obtain a search warrant over the telephone from a judge and get a court order to take your blood by force, if necessary. The Scottsdale DUI Police Officer will also confiscate your drivers license and serve you with an MVD order of suspension which becomes effective in 15 days.
If you voluntarily agree to the test, a blood sample will typically be taken and submitted to the crime laboratory for alcohol analysis. Because no MVD action can be taken until that testing is completed, you will not receive any suspension notice from the arresting officer. Instead, the Scottsdale Police will submit a certified report to MVD after the blood test is done if the results exceed the legal limit. MVD will then notify you through the mail that your suspension will begin 15 days from that point.
Regardless of whether you are facing a 12 month suspension for a refusal or 90 day suspension because your BAC was above the legal limit, you have 15 days to request a hearing from MVD on your Scottsdale DUI related suspension. The suspension is automatically put on hold once the request for hearing is received by MVD.
The MVD Process
The MVD hearing is conducted by an administrative law judge who has no jurisdiction over your pending DUI charges. Even though there are limited defenses that can be invoked at an MVD hearing, it is in your best interest to retain the services of an experienced Scottsdale DUI attorney to represent you and make sure that your rights are properly preserved. The arresting officer will be required to appear and submit to questioning at your hearing. This opportunity can be an invaluable asset to the defense of your Scottsdale DUI charges. A seasoned Scottsdale attorney can use the MVD hearing to gauge the officer’s ability to testify and make them commit to certain facts which may prove favorable down the road.
If you are arrested for a DUI and asked to submit to a blood test, you should immediately request an opportunity to consult with a Scottsdale DUI lawyer before making your decision. Although MVD issues are complex and the decision of whether to take the test requires consideration of several factors, submitting to the test is usually recommended. There are, however, exceptions and a skilled Scottsdale DUI attorney can help you make the best decision in your case.
Scottsdale DUI lawyer Joshua S. Davidson dedicates himself to preserving your driving privileges when facing DUI charges. His comprehensive body of knowledge when it comes to MVD hearing procedures could mean the difference between keeping your license and facing a lengthy suspension that will greatly impact your life in many different ways.