DUI MVD Hearing
In Arizona, there are several types of Motor Vehicle Division (MVD) hearings available to a defendant. The most common MVD hearing is that connected with a DUI charge. If you receive notice of suspension due to points, you are entitled to request a hearing with the MVD. Other types of hearings may include medical review hearings, and reinstatement of driving privileges.
If cited with the charge of DUI, the officer will file a copy of the Admin Per Se/Implied Consent Affidavit (pink form) with the Court’s and the MVD. The MVD portion of your DUI charge is completely separate to the Court portion, yet just as confusing to someone who is unfamiliar with the process.
Once you have been cited with a DUI charge, you have fifteen (15) days from the date of the citation to request a hearing with the MVD. If a hearing is not requested, your driving privileges will be suspended for a period of ninety (90) days if you submitted to the blood/breath tests and up to one (1) year if you refused the blood/breath tests.
If a hearing is requested, the suspension will remain “stayed”, meaning it will not go into effect and a hearing date will be set for you.
Part of the Court’s conviction of a DUI, consists a suspension of driving privileges and requires that you obtain SR22 insurance. If, however; you have already been suspended by the MVD or have a hearing pending, the Court’s suspension will not go into effect, but you will be required to take the MVD suspension.
In addition to the suspension, the MVD will also require that you complete alcohol screening/counseling prior to reinstatement of your driving privileges. You have the right to have an attorney represent you on the MVD hearing. The results of this hearing will affect your driving privileges, don’t go without speaking to an attorney first.
REINSTATEMENT OF DRIVING PRIVLEGES FOLLOWING REVOCATION
If you are trying to reinstate your driving privileges after revocation, you have a hard task before you. The MVD must conduct an investigation of your driving record by reviewing department records and other sufficient evidence to determine that all withdrawl actions are complete; that you have not committed any traffic violations during the period of revocation; and that all other statutory requirements are satisfied.
If the revocation is alcohol or drug related, you will need to provide MVD with a current evaluation from a licensed physician, psychologist or certified substance abuse counselor regarding your ability to safely operate a motor vehicle. You may also have to file all required materials (Counseling & SR-22 Insurance Certificate) with the MVD.
Reinstatement of Driving Privileges Follow Suspension
In some cases you are able to reinstate your driving privileges after payment of the reinstatement fees have been received and the term of suspension has been served. Other suspensions may require an order from the Court lifting the suspension, or you may have to file all required materials (Counseling & SR-22 Insurance Certificate) with the MVD.
Hearing Regarding Points Assessed
If you have accumulated too many points on your driving record, the MVD can suspend your driver’s license. You will only have a period of fifteen (15) days after the date of the order to request a hearing with the MVD.
What is SR22 Insurance?
SR22 insurance if proof of financial responsibility, and is required to be obtained with Court ordered suspensions. You may be required to have SR22 insurance for up to three (3) years. If you decide to apply for different insurance after the term has been complete, you may have a hard time being accepted due to have this requirement on your record.
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