Experienced Counsel in Driver's License Suspension Proceedings
An Arizona drunk driving arrest marks the first official step in two entirely different cases — a criminal DUI case requiring proof of guilt beyond a reasonable doubt, and an administrative DUI case to decide whether your driver's license should be suspended, as well as other possible sanctions. For a specific idea of the relationship between the criminal and administrative sides of DUI defense in Greater Phoenix and Maricopa County, contact The Gillespie Law Firm for a free consultation.
Your most immediate problem after a drunk driving arrest is the criminal case. You may be booked into jail, subjected to a blood or breath test, and protected by your right to counsel. Your DUI defense lawyer's first priority will be to contain and minimize your exposure to punishment on the criminal charge.
Very shortly thereafter, however, you'll need to turn your attention as well to the administrative side of your DUI case. Conducted before the local office of the Motor Vehicle Division, the question of the suspension of your driver's license will be determined by an administrative hearing officer without reference to the criminal case against you.
The officer who arrested you or the MVD office will have given you a notice of license suspension for 90 days, with further notice that if you request a hearing before the MVD within 15 days, the suspension won't be effective until your MVD case is scheduled for a hearing and heard. It is absolutely essential to make a timely request of your right to an MVD hearing — otherwise, your license will be suspended whether or not you ultimately defeat your criminal case.
As experienced Phoenix drivers license reinstatement attorneys, we know how to coordinate the criminal and MVD proceedings to protect your right to drive and make maximum use of the information developed in each proceeding. Our criminal investigation will often turn up evidence that seriously undermines the testimony of the arresting officer.
Call 888-613-5322 for Advice About Arizona MVD Suspension Hearings
The MVD doesn't need proof of guilt beyond a reasonable doubt, but only needs to find it more likely than not that you had a blood alcohol concentration of 0.08 or more within two hours of driving in order to support a driver's license suspension.
We also represent drivers who sought to avoid criminal punishment for DUI simply by refusing to provide consent for the officer's request if a blood or breath test after arrest in MVD implied consent hearings. Our attorneys can advise you about the key considerations and strategies that have proved most effective in these proceedings.
For more information about our approach to the driver's license suspension aspects of an Arizona DUI case, contact The Gillespie Law Firm for a free consultation in Phoenix.
