Arizona License Suspension Defense - MVD Hearings In Yuma, AZ

When you're arrested for DUI in Arizona, you face two separate proceedings: the criminal DUI case in court, and an administrative license suspension through the Arizona Motor Vehicle Division (MVD). Many people don't realize that the MVD suspension is automatic unless you request a hearing within 30 days of your arrest. Miss that deadline and your license is suspended. 

Mr. Cordova represents clients in MVD hearings throughout Yuma County to fight license suspensions and protect driving privileges. As a member of the National College for DUI Defense (NCDD), he understands the technical requirements for MVD hearings and the legal strategies that succeed in challenging suspensions. Your ability to drive to work, take your children to school and maintain your independence depends on immediate action. Don't wait until it's too late.

If you've been arrested for DUI in the last 30 days, contact our office immediately. Call (928) 783-0112 right now. We'll request your MVD hearing before the deadline expires and begin building your defense. We're available 24/7 because the 30-day clock starts ticking the moment you're arrested. Learn more about Mr. Cordova's qualifications and experience.

Understanding Admin Per Se License Suspension

Arizona's Admin Per Se law allows the MVD to suspend your driver's license based solely on your blood alcohol concentration (BAC) or your refusal to submit to testing. This suspension happens automatically and is completely separate from your criminal DUI case in court.

Here's what happens after a DUI arrest:

• Immediate Confiscation: The arresting officer will confiscate your driver's license if you failed a breath or blood test or refused testing.
• Temporary Permit: You'll receive a temporary 30-day driving permit that allows you to continue driving while you decide whether to request a hearing.
• 30-Day Deadline: You have 30 days from the arrest date to request an MVD hearing. If you request a hearing, your driving privileges continue until the hearing is held and a decision is made.
• Automatic Suspension: If you don't request a hearing within 30 days, your license is automatically suspended on the 31st day. The suspension length depends on your BAC level and prior DUI history.

Many people mistakenly believe that the temporary 30-day permit means they have 30 days before the suspension takes effect. This is wrong. The 30 days is your deadline to request a hearing. If you request a hearing in time, the temporary permit is extended until your hearing is held.

Types Of License Suspension In Arizona DUI Cases

Arizona law provides for different types of license suspensions depending on the circumstances of your arrest and the outcome of your case. Understanding which type of suspension you face is important for determining the right defense strategy.

What Happens At An MVD Hearing

An MVD hearing is your opportunity to challenge the license suspension before an administrative law judge. The hearing is similar to a court trial but with simplified rules of evidence. The MVD has the burden of proving that the suspension is justified, but the standard of proof is lower than in criminal court.

At the MVD hearing, we challenge the suspension on multiple grounds:

• Lack of Reasonable Grounds: Did the officer have reasonable grounds to believe you were driving or in actual physical control of a vehicle while impaired?
• No Lawful Arrest: Was the arrest lawful? Did the officer have probable cause to arrest you for DUI?
• BAC Test Accuracy: Was the breath or blood test properly administered according to Arizona Department of Health Services (ADHS) regulations?
• Test Refusal Issues: If you refused testing, did the officer properly read the Admin Per Se affidavit explaining the consequences of refusal?
• Blood Draw Procedures: If a blood test was performed, was it done by a qualified person using approved methods and equipment?
• Chain of Custody: Can the MVD prove the blood sample was properly stored and handled from collection through testing?

The MVD hearing is independent from your criminal DUI case. Winning your MVD hearing doesn't dismiss the criminal charges, and losing the MVD hearing doesn't mean you'll be convicted in criminal court. However, evidence and testimony from the MVD hearing can sometimes be used to our advantage in the criminal case.

Reinstating Your License And Getting Back On The Road

Even if you lose at the MVD hearing or miss the deadline to request a hearing, options exist to get you back on the road legally. Arizona law provides for restricted licenses and early reinstatement in many situations.

How We Fight License Suspensions

Our approach to license suspension defense is aggressive and thorough. We use every available legal strategy to protect your driving privileges and challenge the MVD's evidence.

• Immediate Hearing Request: We request your MVD hearing immediately to beat the 30-day deadline and preserve your right to drive while the case is pending.
• Discovery and Evidence Review: We obtain all police reports, body camera footage, breath test maintenance records, blood test results and other evidence to identify weaknesses in the MVD's case.
• Expert Testimony: When appropriate, we use expert witnesses to challenge the accuracy of breath or blood testing, demonstrate calibration problems or explain alternative explanations for test results.
• Cross-Examination: We aggressively cross-examine the arresting officer and any MVD witnesses to expose inconsistencies, procedural violations and lack of evidence.
• Legal Argument: We file written legal arguments and motions challenging the admissibility of evidence and arguing for dismissal of the suspension based on legal and procedural grounds.

For more information about how we defend the underlying DUI charges in criminal court, see our main DUI defense page.

Frequently Asked Questions About License Suspension

Below are answers to common questions about MVD hearings and license suspension in Arizona. For specific advice about your suspension, call (928) 783-0112 for a confidential consultation.