In most instances, a driver has only 15 days to request a hearing with
MVD after being charged with
DUI. The importance of requesting a hearing with MVD on a timely basis cannot
If a hearing is not properly requested, the suspension will automatically
go into effect and little, if anything, can be done about it. In most
instances this means a minimum 30 days of no driving with the ability
to obtain a restricted to and from work permit for the 60 days that follow
thereafter. Requesting a hearing not only postpones or possibly avoids
the imposition of a suspension but it also provides your DUI attorney
an invaluable opportunity to question the police officer under oath and
on the record about your case.
Ordinarily, MVD will schedule a hearing and the officer who filed the DUI
charges will be required to come and testify; although, the outcome of
the MVD hearing has no direct effect on the outcome of the DUI charges
pending in criminal court. The testimony provided by the officer at the
MVD hearing can be used during the DUI trial to possibly impeach the witness
and otherwise help defend your case. The MVD hearing process underscores
the importance of having an experienced DUI attorney handling your DUI case.
In many cases, it is actually advantageous to have MVD impose a driver's
license suspension if you are charged with DUI. One example of this could
be where a person contemplates entering a guilty plea to a DUI charge
in the criminal court subsequent to the MVD hearing. In this scenario,
the individual will actually end up serving a far more onerous suspension
after the plea agreement is accepted by the court then they otherwise
would have if they had simply accepted the MVD suspension prior to entering
the guilty plea. Simply requesting and even participating in an MVD administrative
hearing, does not foreclose the possibility of consenting to a pre‑conviction
suspension and should, therefore, always be requested.
If you have been charged with a DUI in Tempe, Phoenix, Scottsdale or anywhere
in Maricopa County experienced DUI Attorney Joshua S. Davidson may be
able to assist you. Contact his office today for your consultation.