Our Mesa DUI Lawyer Can Help You Work to Recover Your Driving Privileges
If your driver’s license was suspended after you were arrested for or convicted of DUI in Arizona, there are certain steps you will need to take to have your license reinstated. The process can be complex, and it’s important that you follow all instructions and procedures to avoid unnecessary delays.
Contact Naegle Law Firm for sound legal counsel and guidance from an experienced Mesa DUI attorney. At our firm, we offer professional services and personalized, straightforward representation for our clients. We can help you regain your driving privileges as soon as possible.
What Is an MVD License Hearing?
Under Arizona Law, the MVD has the right to administratively suspend your driving privileges in the event that you are arrested for DUI or upon refusing a chemical test. This suspension is automatic unless you request an executive hearing with the MVD within 15 days of your arrest. An MVD hearing is an informal meeting in which you will be given the opportunity to appeal your suspension. This hearing will be different depending on the unique circumstances of your situation.
There are three different types of MVD hearings in Arizona:
- Administrative Per Se Hearing: During this type of hearing, the MVD will address whether or not the officer had sufficient reason to believe you were out of control of your vehicle, whether your blood alcohol concentration (BAC) was over the legal limit of 0.08%, whether the administered chemical tests were accurate, and what type of DUI charges you face.
- Implied Consent Hearing: This hearing deals with chemical test refusals. The MVD will address whether or not you were in control of your vehicle at the time of arrest, whether or not an arrest took place, and whether or not you refused to consent to a breath, blood, or urine test.
- Negligent Operator Points Hearing: This type of hearing deals with Arizona’s “points” system. If a driver accumulates enough points from traffic violations, their license will be suspended. This hearing addresses whether or not you have accumulated too many points from prior offenses.
If the MVD decides to uphold your suspension, your license will be suspended for a minimum of 90 days or one year for a chemical test refusal. An attorney from our firm can represent you at this hearing and fight to protect your right to drive. These cases can be extremely complex, though an experienced lawyer can greatly improve your chances of success.
Can You Legally Drive before the Driver’s License Suspension Is Up?
While you cannot reinstate your driver’s license before the conclusion of the 90-day or 1-year suspension, you may be able to obtain what is known as a restricted driver’s license. Typically, to do so, you will need to have an ignition interlock device installed on your vehicle, submit proof of financial responsibility, complied with all mandatory alcohol/drug treatment program requirements, and paid all the applicable fees. Restricted driver’s licenses only allow you to drive to certain places, such as work or school; they do not allow you to move about freely.
In any case, either at the end of the suspension period or when your restricted license expires, you will need to reinstate your driver’s license. This does not happen automatically and if you do not reinstate your license but continue to drive, you could be found guilty of driving on a suspended or revoked license.
Contact Naegle Law Firm Today
Our Mesa DUI defense lawyer can help you clearly understand your options and the procedures involved in reinstating your driver’s license after an Arizona DUI. We have more than 13 years of experience and have helped numerous clients navigate the legal system.
Call (480) 245-5550 for a free, confidential consultation.
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