When one is arrested in Arizona for DUI then there are two different government bodies which they must address. The first is the criminal justice system. The Court will determine if you must serve jail time, pay fines, or accept a criminal conviction on your record. The second is Arizona’s Motor Vehicles Division. The MVD is in charge of granting or suspending your driving privileges.
While the criminal portion of one’s case can take a period of time, the MVD portion happens quickly. Bretton Barber is a Phoenix area attorney representing clients during MVD hearings. It goes without saying that your ability to drive is important. Contact our office today to speak with a lawyer.
Phoenix attorney providing representation at MVD hearings
The MVD portion of an Arizona DUI is different from the criminal portion. While in a criminal case you are entitled to the presumption of innocence, failure to give a breathalyzer or blood test will result in an automatic license suspension by the MVD. If you fail or refuse to submit to testing, then then you must contact the MVD for a hearing within 15 days or your driving privileges will be suspended. Having an attorney to assist you through this process can make the difference between losing your ability to drive and having a form of transportation.
Bretton is a defense lawyer handling Arizona MVD hearings. Our office will immediately request a hearing to contest your suspension. This request will place a stay on your suspension until the hearing. At the MVD proceeding, Bretton will address many issues. It may be possible to argue that reasonable evidence did not exist to suspect you of a DUI, that you were not informed that your license would be suspended if you refused a breathalyzer test, that you were not placed under lawful arrest, or that you were not asked to take a blood, urine, or breathalyzer test. If your suspension is upheld then it is still possible that your charges could be dismissed during your criminal hearing. If charges are dismissed at the criminal hearing, or the prosecution chooses not to pursue the case, then our office will contact the MVD and request that your driving privileges be reinstated once again. In addition to Phoenix we represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. We also assist Pima County residents in Tucson.
Phoenix attorney representing CDL holders during their administrative hearings
If you hold a commercial driver’s licenses then your ability to earn a living is dependent on having a clean driving record. In Arizona, a CDL license can be suspended if a driver is operating a commercial vehicle with a BAC level of .04. Also, if one is arrested for DUI while driving a private vehicle then they will lose their license which, in turn, means they will likely lose their job. Bretton represents those who work as a commercial truck driver, bus driver, cab driver, or anyone else who is required to have a clean driver’s license for work. Bretton attends both the MVD administrative hearings as well as the criminal Court appearances. He knows that when one earns their livelihood through driving it is essential that they defend themselves against DUI allegations. Contact our office today.