i'm attorney nick alcock. i'd like to speaka little bit about license suspensions and what happens when you get pulled over fora dui. if you do get pulled over for a dui and yousubmit to a breath test, it's very likely that the police officer right off the bat'sgoing to take your license, he's going to give you an admin per se form if you're overthe legal limit. if you're over .08, you'll
phoenix dui attorneys, get a piece of paper that will be your temporarydriver's license for 15 days. this piece of paper is good as your license,but after 15 days, if you don't do anything, your license is going to be suspended. typically,in a dui, it's going to be suspended for 30 days completely, and then 60 days afterwards,you're eligible for a restricted license to
and from school. so, you can't be drivingat 2:00 in the morning to a bar. you're going to be arrested for driving on a suspendedlicense if you get pulled over and you have that restricted permit.one thing that our office does, and we do it free of charge in every dui case, is wewill do an mvd hearing for you. if you come into our office, we will fire off the paperwork.as long as you come in within 15 days of your arrest, we'll fire off that paperwork to askfor an mvd hearing. you have two separate cases with a dui. you'vegot a criminal case, and you've got the civil case for your license. the two are totallyseparate because you could potentially have your license suspended even if you're neverconvicted of a dui. just be aware of the fact
that if you don't request that hearing in15 days, your license automatically gets suspended, and you could be in trouble if you get pulledover on a suspended license. the mvd hearing is a rather informal affair.it is in front of a judge, but it's really just an office building. the mvd hearing islooking at a number of things. if it is a case where you blew into the machine or yousubmitted to blood, they're going to be asking questions such as were you driving, had youconsumed alcohol, and was your blood alcohol level or breath alcohol level over a .08 withintwo hours of driving. it's very narrow. they're just looking to make sure the machineswere working accurately, that there wasn't a problem with the machines. they're goingto looking to see whether or not there is
evidence that you were in fact impaired andthere is evidence that you had this alcohol in your system and that you were over thelegal limit. you actually don't have to be...they don'thave to prove that you were impaired, though. they just have to prove that alcohol was inyour system and that you were over the legal limit.now, let's say that you refuse a test and you don't blow into a machine, you don't giveblood. then, your license can be suspended for a period of one year. then, the questioncomes down to were you offered the test, did you voluntarily refuse the test, were thecircumstances made very clear to you, and was your failure to submit to the test basicallyyour own fault. if they prove that you knew
that you had to take the test and you didn't,then they're going to suspend your license for a year.gratefully, they're going to be changing the rules with regards to the amount of suspensionthat people will get for refusals. they're also changing the rules and regulations fordui license suspensions. in general, if you've just been pulled overfor a dui, ask for an mvd hearing. it doesn't cost anything. you just fill out the backof that form, mail it in, or call my office at (602) 989 5000, and we'll be very happyto sit down with you and tell you what you need to do. we know that there's a lot ofconfusion about licenses. there's a lot of confusion about what will happen to you ifyou get pulled over for a dui and you submit
to a test.we're happy to really walk you through the system and make you feel a little bit morecomfortable. so, again, our number is (602) 989 5000. i'm nick alcock, the owner of alcockand associates. thanks so much.
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