Admin Per Se (Phoenix – MVD) – Voided – 6/23/2017


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My Client was originally charged with DUI out of the City of Phoenix. The BAC (blood alcohol content) of my Client was a .076. However I was able to get that case dismissed.

Arizona conditions for a DUI

  • If the government can prove beyond a reasonable doubt that you were driving a vehicle or in actual physical control of a vehicle and impaired to the slightest degree, you can be charged.
     
  • If the government can prove, your Blood Alcohol Concentration was a .08% or more within two hours of driving you can be charged.Although the charge was dismissed, the MVD (Motor Vehicle Department) still wanted to try and suspend her license. All of the Police Officers who were present at the stop appeared for the hearing and testified.

MVD License suspension

During the hearing I made the MVD aware that they cannot suspend her license because she was under a .08 BAC. The matter should have been dismissed from the beginning. However, the MVD still made us put on a case and make an argument in court.
 
One of the first things you need to know is that a DUI (Driving Under the influence) charge and the License Suspension (MVD) in Phoenix are two different proceedings.
 
A DUI charge is considered criminal and the MVD (Motor Vehicle Department) is deemed civil. What can obviously happen is the dismissal of your DUI as shown in this case, however the Motor Vehicle Department may still attempt to suspend your license.

Don't go to court alone!

It’s very important to know that even though you are innocent, the State is still going to come after you. With that being said it is important to have an experienced DUI Defense Attorney by your side.
 
When choosing an attorney make sure to call several attorneys to get a feel for their willingness to help you minimize the penalties and fees involved in a DUI case.
 
Also keep in mind that most lawyers offer a free initial consultation to go over the details of your case which will allow you to get a better understanding of their knowledge of the DUI laws in Phoenix.
 
If you have been charged with a DUI and your BAC was under .08, contact Phoenix DUI Attorney Aaron Black or call 480-729-1683 for a free consultation.

 

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