Hey, this is David Black under the law offices of David A. Black. Today we’re going to talk about MVD ramifications for your DUI. Question, I got a DUI, haven’t been convicted yet, what’s going to happen?
The short answer is that the MVD is going to try to suspend your license regardless. The way I explain it to clients is that there are two parallel prosecution tracks. One is the criminal track which was discussed to the link from my website and other videos. I would ask you to consult your attorney with questions regarding that.
The other with the same caveat is the MVD track. What happens when you get a DUI is the police submit a copy of the breath card showing you were auretor or the blood results to the motor vehicle division who summarily suspends your license.
You have a right within fifteen days of arrest to request a hearing from the MVD. You have limited right but you still have due process rights regarding your driving privilege. When you get to that hearing, a number of things can happen.
If you’ve already been convicted of your DUI or you think you’re going to, you’re going to stipulate to your suspension. It’s the same suspension. It’s a ninety-day suspension and it doesn’t double simply because you’re convicted in the criminal court.
If you think you’re going to get out of your DUI though you want to fight it, we had one last week where the client had his DUI dismissed, went to the MVD hearing, the officer showed up which doesn’t always happen. Nevertheless, there were too many problems with the breath card in that case and the judge decided to do what’s called “void” the suspension.
What is the standard suspension? It’s ninety days, thirty of which is at straight suspension, the latter sixty of which is restricted too from work permit. There are actually explicit guidelines on the Department of Transportation website on what that entails. Does it mean doctor’s appointments? Does it mean counseling? The answer for counseling is yes. Does it mean work? Obviously yes.
After that, the interlock requirement. That may be imposed as a result of a criminal conviction. If you have no criminal conviction it’s not going to happen regardless of what happens with the MVD.
Finally, if you refuse you lose your license for twelve months. You have the same right to a hearing but if it’s shown that you refused a chemical test of your blood breath or urine, even if you had nothing in it, as long as there is a probable cause to ask then you refuse, forcing them to get a warrant, you will lose your license for twelve months. You might want to ask for a hearing in that case as well.
There are just a few tidbits of information. I might ask you not to take any of it too seriously. Contact me or another lawyer with specific questions regarding your case but I hope it provides provide a framework for some of the questions regarding the MVD that you may be facing.
Thank you very much. Have a great day.
For more information on this topic, please feel free to give us a call.
Law Offices of David A. Black
40 N Central Ave #1400
Phoenix, AZ 85004