What Does a Win versus the Motor Vehicle Division Mean For the time being, yes, but remember, Motor Vehicle Division hearings usually occur before any criminal trial. If the state fails to meet its burden of proof at the MVD hearing, your driving privileges will not be suspended. However, this does not mean your driving […]
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If My License is Suspended For a Period of Time, Will it Automatically be Reinstated Once that Time Period is Over?
Reinstatement after my License is Suspended Driving privileges are not automatically reinstated once your license is suspended. The driver must complete some paperwork and pay a fee to have his/her privileges reinstated. Otherwise his/her privileges to drive are still considered to be suspended. This fact is sometimes overlooked by drivers and may result in stiff […]
Continue readingWhat Happens if I Challenge a Suspension by Requesting a Hearing with the DMV?
Can You Challenge a Suspension Yes, you can challenge a suspension of your driver’s license. If you or your attorney requests a hearing, the suspension is stayed and you are considered to have a valid license at least until the day of the hearing. The hearing will usually take place in the county in which […]
Continue readingWhen I Was Arrested for DUI, My Breath Test Indicated a BAC of .08. Will My Driver’s License Automatically be Suspended, Even Before I Go to Trial?
Breath Test and Your Driver’s License In regards to the results of your breath test, DMV may suspend your driving privilege if they feel it is warranted. The suspension will commence 15 days from the date the ticket is issued. However, if you or your attorney takes appropriate action quickly enough, you can, at the […]
Continue readingWhat is a Restricted Driver’s License?
Rules of an Arizona Restricted Driver’s License A restricted driver’s license allows a driver to operate a motor vehicle to and from work, school, medical appointments and counseling sessions. If a driver completes a breath or blood test that indicates an alcohol concentration of .08 or more and holds a non-commercial driver’s license, then driving […]
Continue readingWhat is the Penalty for Refusing to Submit to a Breath or Blood Test Once a Driver has Been Arrested?
A Look at the Penalty for Refusing a Test If the driver refuses to submit to or successfully complete any one of the tests requested, the officer must inform the driver that the penalty for refusing shall result in a license suspension for 12 months. Almost any failure to expressly agree to the test(s) or […]
Continue readingWhat is Implied Consent?
Defining Implied Consent Implied Consent is as follows: Any person who operates a motor vehicle within the state of Arizona and is arrested for an offense related to drinking and driving is presumed to have given consent to a test of his/her breath, blood, urine or other bodily substance, for the purpose of determining alcohol […]
Continue readingIf I Am Arrested for an Arizona DUI, Should I Hire a Lawyer?
Is a Lawyer Necessary for an Arizona DUI If you want to contest the charges of an Arizona DUI, you should definitely hire a lawyer. If it is your first or second offense and you feel comfortable with the sentence that will be imposed, then you may not need a lawyer. Second-time offenders may find […]
Continue readingIf I am stopped for suspicion of DUI, do I have the right to refuse to answer questions without an attorney?
Under Suspicion of DUI – Can I Refuse to Answer Questions The United States Constitution guarantees the right of every person not to be a witness against him/her self, even if under suspicion of DUI. Usually, if you are an Arizona DUI suspect and an officer advises you of your rights pursuant to Miranda, you […]
Continue readingIf I Am Stopped for Suspicion of DUI, Should I Perform an Arizona Field Sobriety Test?
Should I Perform a Field Sobriety Test It is extremely important to understand the difference between field sobriety test and a test of your breath or blood for alcohol concentration. If you refuse to successfully complete a breath or blood test to determine alcohol concentration, you will lose all driving privileges for 12 months. There […]
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