Get Competent Representation for Motor Vehicle License Suspension Hearings
Tucson lawyers protecting your driving privileges at the Arizona MVD
One of the toughest ramifications of a DUI arrest is the suspension of your driving privileges. As the leading Tucson DUI defense firm, Nesci & St. Louis, PLLC has conducted numerous successful hearings at the Arizona Motor Vehicle Division (MVD). We take decisive steps to restore your right to drive.
Scheduling a hearing — time is of the essence
If the MVD determines that a suspension is warranted, it will commence 15 days from the date the decision is issued. However, you can stay the suspension by requesting either a summary review or a hearing within 15 days from the date of issuance. Contact our attorneys immediately after your DUI arrest so we can promptly file the appropriate motion to challenge the suspension of your driving privileges.
Why you are engaged in two proceedings
Your MVD hearing is a separate process from the resolution of your criminal case. Criminal proceedings determine whether you are guilty of the DUI charges filed against you, whereas the MVD proceedings decide issues involving your driver license. A criminal judge has authority to sentence you to incarceration, probation and certain fines. The MVD officer can only impose sanctions that pertain to your driving privileges — such as license suspension, license revocation and interlock device installation.
What to expect from your MVD hearing
The state must meet its burden of proof for the MVD to suspend your driver’s license. At your hearing, our criminal defense lawyers demand that the state prove beyond a reasonable doubt that:
- The officer had reasonable grounds to believe you were driving a vehicle while under the influence of alcohol or drugs
- You were placed under arrest
- A valid and reliable test was completed
- The test concluded that you had a blood or breath alcohol content (BAC) of .08 or more, or .04 or more if you are a commercial driver charged with DUI while driving a commercial vehicle
- The Breathalyzer® result was accurately evaluated
Restricted driver permits
Losing your driver license is more than just an inconvenience. Unless you live in a pedestrian community or you have access to reliable public transportation, you may encounter serious problems at your job or school and may be unable to receive the medical care you need. And driving while on a suspended license in Arizona can lead to even more trouble. The MVD issues restricted permits to eligible drivers “for travel to and from work, on the job, to and from school, and to and from a treatment center.”
If you are eligible for a restricted driver permit and did not request a hearing, the MVD will automatically mail you the permit within 22 to 30 days after your suspension period begins. If the MVD upheld your suspension at a hearing, we request that the MVD issue a permit after you have served 30 days of your suspension.
Consult with our defense attorney in Tucson, AZ about restoring your driving privileges
To learn more about MVD hearings, call Nesci & St. Louis, PLLC today at 520.777.0235 or contact us online to schedule your free initial consultation.