When you are arrested for a DUI crime in Phoenix main DUI, you have various responsibilities that require your immediate attention. First, you need to attend to all prescribed legal procedures via the criminal court system. Second, you need to request an executive hearing with the Motor Vehicle Division (MVD) if you would like the opportunity to possibly reduce the loss of your driver’s license.
- You must submit an appeal to the MVD within 15 days from the date of your DUI arrest in order to stave off immediate, full-term suspension of your driver’s license.
Should you forgo the MVD executive hearing, you will automatically receive the suspension that correlates with the level of DUI crime you were arrested for (extreme, super extreme, aggravated, etc.). Although you are most likely experiencing a tremendous amount of emotions and stress regarding your recent arrest, we strongly recommend making the effort to file your MVD appeal within the required time frame.
- MVD executive hearings are more administrative than judicial in nature, include testimony under oath that is recorded, with a judgment that is considered final unless a rehearing or further appeal is ordered.
If you cannot handle this situation alone, we recommend consulting an experienced, reputable defense attorney with extensive knowledge of the MVD executive hearing process. You should also seek out an attorney who will aggressively fight to make sure your rights are upheld throughout your legal situation.
Executive Hearings for a First Time DUI Offender
Typically, a first time DUI offender will have his or her driver’s license suspended for 90 days immediately following a DUI arrest. However, if you file an appeal within the required period of time, your suspension will be put off at least until your appeal hearing.
- At the hearing, there is a possibility that 60 days of the mandatory 90 day suspension can be overturned, which means you may only go 30 days without your driver’s license.
Executive Hearings for a Second Time DUI Offender
If you are second time offender, or your crime is more severe than the standard .08% to .149% DUI misdemeanor charge, you might face a longer presumptive suspension than 90 days.
- Filing an appeal for your second DUI offense can possibly help reduce what could otherwise be a up to a minimum one year suspension of your license.
Executive Hearings for Commercial Driver’s Licenses
If you are arrested for a DUI crime while you are operating a vehicle with your commercial driver’s license (CDL), you face much stiffer restrictions and harsher penalties than a non-commercial driver does.
- For CDL drivers, the legal limit for a DUI arrest is .04%, versus .08% for non-CDL drivers.
If you are a CDL driver, you must attend an executive hearing even though you will most likely lose your CDL no matter what. CDL drivers who are arrested for a DUI crime face a class 1 misdemeanor that results in:
- For first time offenders- Up to six months in jail, a minimum of $1460 in fines, 30 to 90 days suspension of license, an ignition interlock system on your vehicle for six months, mandatory alcohol counseling, and any additional financial penalties or liabilities you may incur.
- For second time offenders- Up to six months in jail, a minimum of $3420 in fines, 45 days to one year suspension of license, an ignition interlock system on your vehicle for one year, mandatory alcohol counseling, and any additional financial penalties or liabilities you may incur.
In addition, you risk becoming professionally uninsurable when you are up for reinstatement, which could bring your commercial driving career to a permanent end. This is why it is extremely important for anyone arrested for a commercial DUI in Phoenix to consult an aggressive, experienced defense attorney who will fight for his or her rights throughout the entire CDL DUI process.
Trust Phoenix DUI Attorney With Your MVD Executive Hearing in Phoenix
An MVD executive hearing is your chance to minimize the loss of your driver’s license. Should you disregard this chance, you will automatically lose your license for the maximum allowable time by default. If you need assistance with this process, it is extremely important to consult an attorney with proven experience defending DUI offenses of all types and severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing an MVD executive hearing in Phoenix, contact us today for a private, no obligation consultation at 480-900-5177.