If you were arrested for driving under the influence of drugs or alcohol, you might wonder what happens to your license. In Arizona, your license will be automatically suspended if you are charged with a DUI. Sometimes, the court may give the accused a restricted license to drive in limited circumstances, usually to and from work. To learn more about what happens to your license in a DUI case, read on or contact Grand Canyon Law Group today.
NOTE: The license suspension aspect of the case is technically separate from the criminal DUI charge. However, it is extremely important that it be handled correctly to minimize the effect of any suspensions. We handle this process for our clients as part of our representation.
License Suspension After a DUI
When an officer arrests someone for a DUI in Arizona, their license is subject to automatic suspension. The officer will provide an admin per se form, which serves as the driver’s temporary license. There is a 30-day grace period before the suspension goes into effect. During this time, the person charged with a DUI can continue to drive. After the arrest, it is important to request a hearing with the Motor Vehicle Division (MVD) before the 30 days are up. If the person accused of DUI does not request a hearing, the suspension will automatically go into effect.
Requesting a Hearing with the MVD
After a DUI arrest, a lawyer can help request a hearing with the MVD to pause the suspension. A request can be submitted by email, fax, or regular mail. Once this request is made, the suspension will not go into effect until after the hearing.
At the MVD hearing, the court will review the case. An Administrative Law Judge presides over MVD hearings. Typically, the arresting officer is also present at the hearing to testify. The impact of a DUI can be serious, so it is best to consult an experienced Arizona attorney before going to the hearing.
During the hearing, the accused will have an opportunity to challenge the DUI charge and suspension. The officer will provide testimony to the judge, and your attorney may cross-examine the arresting officer on the charges. The standard is lower than for criminal proceedings; if the judge finds it more likely than not that you were driving under the influence, they will suspend your license.
The judge will either uphold the suspension or dismiss the action altogether. When the judge upholds a suspension, it will usually go into effect within thirty days. Depending on the circumstances, the accused could ask for a restricted license. The judge will likely reinstate driving privileges if the driver can demonstrate substantial need—for example, if driving is the only means to work or school.
Consult an Arizona Attorney About Your License in a DUI Case
After a DUI arrest, your first call should be a skilled attorney at Grand Canyon Law Group. When you work with our former prosecutors, we can represent you at the MVD hearing and help you avoid or reduce the impact of your license suspension.
Our experienced legal team understands how important driving can be to your everyday routine. We are prepared to fight for you and your way of life. Contact our office to learn how we can help you contest the charges, reinstate your license, and move forward with your life.