Getting arrested for driving under the influence (DUI) can be a scary experience. One of the biggest worries people have is losing their driver’s license. But did you know that you might be able to keep your license even after a DUI arrest? Let’s explore how DMV hearings work and what you can do to improve your chances of keeping your driving privileges.
Understanding DMV Hearings
When you’re arrested for DUI in Arizona, two things happen. First, you face criminal charges in court. Second, you have to deal with the Department of Motor Vehicles (DMV) about your driver’s license. The DMV hearing is separate from your criminal case and focuses only on whether you should keep your license.
In Arizona, these hearings are called Motor Vehicle Division (MVD) hearings, but they work the same way as DMV hearings in other states. You have only 15 days after your arrest to request this hearing. If you don’t ask for it in time, your license will be automatically suspended.
Why DMV Hearings Matter
DMV hearings are really important because they give you a chance to keep your license even before your criminal case is decided. Keeping your license can make a big difference in your life. It means you can still drive to work, take your kids to school, and go about your daily life while you’re dealing with your DUI case.
What Happens at a DMV Hearing
DMV hearings are less formal than court trials. They usually happen in small rooms at the DMV office, not in a big courtroom. The people there will be you (and your lawyer if you have one), the police officer who arrested you, and an administrative law judge.
The hearing starts with the police officer telling what happened when they arrested you. Then, you or your lawyer get to ask the officer questions. This is a great chance to find out more about your arrest and maybe even find mistakes the officer made.
After that, you get to tell your side of the story. You can bring evidence that shows why you should keep your license. This might include things like:
- Proof that the police didn’t have a good reason to stop you
- Evidence that the alcohol test wasn’t done right
- Medical records that explain why you might have seemed impaired even if you weren’t
The judge listens to both sides and then decides whether to suspend your license or let you keep driving.
Preparing for Your DMV Hearing
To have the best chance of keeping your license, you need to prepare well for your hearing. Here are some important steps:
- Request the hearing right away. Remember, you only have 15 days!
- Get a lawyer who knows about DUI cases and DMV hearings. They can help you understand what’s happening and make the best arguments for you.
- Gather all the evidence you can. This might include witness statements, photos from the scene, or your own notes about what happened.
- Review the police report carefully. Look for any mistakes or things that don’t make sense.
- Practice what you’re going to say. Be ready to explain clearly and calmly why you should keep your license.
Case Study: Sarah’s DMV Hearing Success
Let’s look at a real example of how someone kept their license after a DUI arrest. We’ll call her Sarah.
Sarah was pulled over late one night after having dinner with friends. The officer said she was swerving and gave her a breathalyzer test. The test showed her blood alcohol level was 0.09%, just over the legal limit of 0.08%.
Here’s what Sarah did:
- She called a lawyer right away. The lawyer helped her request a DMV hearing within the 15-day deadline.
- Sarah and her lawyer got copies of the police report and the breathalyzer test results.
- They noticed that the police report didn’t say exactly how Sarah was swerving. It just said she “appeared to be weaving.”
- Sarah’s lawyer also found out that the breathalyzer machine hadn’t been calibrated (checked to make sure it was accurate) in over a month. It was supposed to be calibrated every two weeks.
- At the hearing, Sarah’s lawyer questioned the officer about why he pulled Sarah over. The officer couldn’t give specific details about how Sarah was driving.
- The lawyer also showed evidence that the breathalyzer might not have been working right because it wasn’t calibrated on time.
- Sarah spoke calmly and clearly about how she had only had two glasses of wine over a three-hour dinner. She explained that losing her license would mean losing her job as a delivery driver.
In the end, the judge decided not to suspend Sarah’s license. The judge said there wasn’t enough clear evidence that Sarah was driving unsafely or that the breathalyzer result was accurate.
Sarah’s case shows how important it is to act quickly, get help from a lawyer, and look carefully at all the evidence.
Conclusion
DMV hearings can be scary, but they’re also a chance to keep your license even if you’ve been arrested for DUI. By understanding how these hearings work and preparing carefully, you can improve your chances of keeping your driving privileges. Remember, every case is different, so it’s always a good idea to talk to a lawyer who knows about DUI cases in your area.
Frequently Asked Questions
- How long do I have to request a DMV hearing after a DUI arrest in Arizona?
You have 15 days from the date of your arrest to request a hearing. - What happens if I don’t request a DMV hearing in time?
Your license will be automatically suspended for 90 days if it’s your first offense. - Do I need a lawyer for a DMV hearing?
While you’re not required to have a lawyer, having one can greatly improve your chances of keeping your license. - Can I still drive while waiting for my DMV hearing?
Yes, you can usually keep driving until the hearing decides whether to suspend your license.
If I win my DMV hearing, does that mean I won’t be convicted of DUI?
No, the DMV hearing is separate from your criminal case. You could keep your license at the DMV hearing but still face criminal charges for DUI.
