Arizona MVD Process

Nobody expects that after a DUI arrest, they will suddenly be dealing with two separate legal processes at the same time, yet that is exactly what happens. Most people assume everything will be handled in court, and while that is certainly part of it, there is an entirely separate process through the Motor Vehicle Division that can affect your ability to drive almost immediately. If you were arrested in Tempe, somewhere in the Phoenix Metropolitan Area, or anywhere else in The Valley, you are most likely already dealing with questions about what happens next and how quickly things can move. Continue reading and contact a Tempe DUI lawyer from The Weingart Firm, PLLC to learn more about the Arizona MVD process after a DUI and how our firm can help if you’ve been charged.

What Is the Arizona MVD and Why Does It Matter After a DUI?

The Arizona Motor Vehicle Division, commonly referred to as the MVD, is the agency responsible for issuing driver’s licenses and regulating driving privileges throughout the state. Though your DUI charge will be handled through the court system, your license is governed by the MVD, and that distinction is more important than many people initially realize.

Simply put, the MVD does not have to wait for your criminal case to conclude before taking action against your license. In fact, in many cases, it will not wait at all. The administrative process begins almost immediately after your arrest, and it follows its own rules, timeline, and standards.

What Triggers an MVD Action After a DUI Arrest in Arizona?

After a DUI arrest, the MVD does not automatically take action in every single case, however, there are several common circumstances that will trigger a license suspension or other administrative penalties. Generally speaking, the most common triggers include the following:

• A blood alcohol concentration of 0.08% or higher, which is the legal limit for most drivers
• A blood alcohol concentration of 0.15% or higher, which may also lead to more serious allegations
• Refusing to submit to a breath, blood, or urine test under Arizona’s implied consent laws
• Driving while your license is already suspended or restricted
• Being under the age of 21 with any measurable amount of alcohol in your system

In many of these situations, the officer will confiscate your physical license at the time of the arrest and provide you with a temporary permit.

What Is the 15-Day Deadline to Request an MVD Hearing?

One of the most important things to understand about the Arizona MVD process is the 15-day deadline to request a hearing. This deadline begins the moment you are served with notice of the suspension, not when your court case begins, and not when you decide to start dealing with the situation.

This is where many people run into problems, as it is easy to assume there is more time than there actually is. There is not.

If you want to challenge the suspension of your license, you must request a hearing within those 15 days. If you do not, the MVD will move forward with the suspension automatically, and you will lose your opportunity to contest it.

To break it down a bit further, here is what that deadline means in practice:

• You have exactly 15 days from the date you receive notice to request a hearing
• The request must be properly submitted in accordance with MVD procedures
• Once the hearing is requested, the suspension is typically paused until the hearing takes place
• If no request is made, the suspension will go into effect without further notice

What Happens If You Request an MVD Hearing?

If you do request an MVD hearing, you will have the opportunity to challenge the suspension of your license before it officially takes effect. That being said, it is important to understand that this is not the same as a criminal trial.

An MVD hearing is administrative, which means it focuses on specific issues related to your arrest and the validity of the suspension.

During the hearing, an administrative law judge will review the evidence and determine whether the suspension should be upheld. The hearing will generally focus on questions such as:

• Whether the officer had reasonable grounds to believe you were driving under the influence
• Whether you were lawfully arrested
• Whether a valid chemical test showed a prohibited blood alcohol concentration, or whether you refused testing
• Whether proper procedures were followed throughout the stop and arrest

Both sides may present evidence, which can include police reports, test results, and testimony. You, or your attorney, may also question the officer and present your own evidence or arguments.

It is important to keep in mind that the burden of proof in an MVD hearing is lower than it is in criminal court. This means that even if your criminal case is still pending, or later results in a favorable outcome, the MVD can still uphold a suspension based on the evidence presented at the hearing.

What Happens If You Do NOT Request an MVD Hearing?

If you do not request an MVD hearing within the 15-day window, or if you simply decide not to request one, the consequences are fairly straightforward, though they can still be significant.

In short, the MVD will proceed with the suspension of your license automatically.

There will be no hearing, no opportunity to challenge the evidence, and no additional warnings before the suspension begins. Typically, this results in:

• An automatic suspension of your driving privileges
• No ability to contest the administrative action after the fact
• Potential requirements, such as installing an ignition interlock device, before driving privileges can be restored
• Additional steps and fees required to reinstate your license

How Long Will My License Be Suspended After a DUI in Arizona?

The length of a license suspension after a DUI in Arizona depends on several factors, including your blood alcohol concentration, whether you refused testing, and your prior history. That being said, there are some general guidelines that apply in many cases. They are as follows:

• A standard DUI, involving a BAC of 0.08% or higher, will typically result in a 90-day suspension
• In many cases, you may be eligible for restricted driving privileges after the first 30 days
• A refusal to submit to chemical testing will generally result in a one-year suspension
• More serious allegations, such as extreme DUI, may involve additional consequences

In certain situations, you may be required to install an ignition interlock device in order to regain limited driving privileges. You will also need to comply with any reinstatement requirements set by the MVD before your full driving privileges can be restored.

Contact a Tempe DUI Lawyer Today

If you have additional questions about your situation or are unsure about your next steps, you should strongly consider speaking with a knowledgeable DUI defense attorney at The Weingart Firm, PLLC. Contact us today so we can discuss your case and begin building a comprehensive strategy on your behalf.