If you are arrested for DUI in Scottsdale, you could face driver’s license suspension, jail time, and other consequences. Concerning your driver’s license, your arrest will often begin an administrative process with the MVD. If you do not act quickly, you could be automatically suspended from your driver’s license for 90 days or 12 months. This will depend on whether you have refused to undergo chemical tests during the investigation.
While no two Arizona DUI cases are the same (because the underlying facts of each case are different), the court processes follow the same basic steps. Having a Scottsdale DUI lawyer on your side is the key to working through this process and ensuring that all court hearings and deadlines are met. Your case will not defend itself. Rosenstein Law Group can help you through the DUI process and can answer any questions. We are available to answer your questions and begin your defense 24 hours a day, 7 days a week. Call now at (480) 248-7666. Your best defense begins here!
The officer may request a test to determine your BAC, including a blood test, breath test, urine test, or any combination of three. If you refuse to do the requested tests, your driver’s license could be suspended for one year. If you consent, then what happens next will depend on the test or tests are chosen by law enforcement.
In Scottsdale, the officers will typically ask for a breath test and a blood sample for subsequent testing. For the breath test, you will undergo a 15-minute deprivation period. During this time, an officer will check your mouth to ensure nothing is in it and observe that you do not burp, belch or vomit. After the 15-minute deprivation period has been completed, you will be asked to blow into the breath testing instrument two separate times. Assuming the results of the two blows are within .02 of each other, you will be deemed to have successfully completed the test.
After the breath test has been completed, the officers will request that you submit to a blood draw. The blood draw will typically be performed by an officer who has been trained in basic phlebotomy. If you refuse to submit the blood draw, the officers may request a warrant, which, if obtained, will require you to submit to a blood draw.
Suppose you consent to the chemical tests requested by law enforcement during the investigation. In that case, you will be subjected to a 90-day license suspension. If you refuse to submit to a test, then you will be subject to a 12-month suspension. In either case, your license will be suspended 15 days after you have received the admin per se / implied consent form from the officer.
Note the admin per se / implied consent form serves as your temporary driver’s license until the suspension takes effect. To stop an automatic license suspension, you must request a hearing from the Executive Hearing Office within 15 days. Doing this will put your driver’s license suspension on hold until your MVD hearing, where you will have a chance to challenge whether the suspension should take place at all.
At an MVD (Motor Vehicle Division) hearing, there are typically three people in attendance: the arresting officer, your attorney, and the administrative law judge. Remember, you will not need to attend the MVD hearing if you have an attorney unless you intend to testify. You should decide whether or not to testify at the MVD hearing with the advice of your lawyer.
The scope of the hearing will vary. It depends on whether you submitted to the chemical tests requested by the officers during the investigation. If you did submit, then the arresting officer will present the following testimony regarding:
Meanwhile, suppose you refused to consent to the chemical test. In that case, the officer will likely testify about the circumstances surrounding your arrest. This includes the following:
Regardless, your attorney may wish to cross-examine the officer to flesh out details that may help you either in that hearing or later in the criminal court. Upon the conclusion of the testimony and arguments, the administrative law judge will issue a ruling about the status of your license suspension.
The legal proceedings you face after receiving DUI charges in Scottsdale can be intimidating. Knowing what to expect can help ease your mind as you navigate an unfamiliar legal system. After a DUI arrest in Scottsdale, Arizona, you will generally go through the City of Scottsdale – City Court process if charged. This will be where you can expect to attend all your Court appearances. The location of the Scottsdale City Court is at 3700 N. 75th Street, Scottsdale, AZ 85251. The court opening hours and further information can be found here.
Your first court date will be an arraignment, where you will be advised of the charges and enter a plea of “not guilty.” Once you have pleaded not guilty, the case will likely be set to a pretrial conference. A pretrial conference is where the court will check in to make sure that each party has made disclosures as required by the rules of criminal procedure. You will often receive a plea offer from the State at the pretrial conference.
Suppose the case is not resolved at the pretrial conference. In that case, it will be set for a case management conference. This is where the court will again check in with the parties to ensure that things are moving along quickly. At the case management conference, the court will typically set a Trial Readiness Conference. In Scottsdale, this is generally the last day the State’s plea offer will be available. Suppose the case does not resolve at the trial readiness conference. In that case, there may be evidentiary hearings, which will be followed by a jury trial.
Your defense lawyer has the knowledge and expertise to improve the odds of a positive outcome and guide you through the process. Your lawyer can also attend pretrial meetings and hearings on your behalf, often without you present. The lawyer can raise several defenses to get your charges reduced or even dropped, depending on your criminal history and the circumstances of your case.
Only a skilled Scottsdale DUI Defense Lawyer will know how to navigate the Scottsdale and Arizona DUI Process to assure the best possible outcome. Our Scottsdale DUI Attorneys are highly qualified and have worked on thousands of DUI cases for clients throughout Courts in Arizona. Experience and our results are proven. If there is a defense to your case, we will find it.
Should you have questions about any aspect of the Scottsdale and Arizona DUI process, contact our law office for a free case consultation. We are available to answer your questions and begin your defense 24 hours a day, 7 days a week. Contact Rosenstein Law Group online here or by calling (480) 248-7666 today. We are ready and waiting to start working with you on your defense today.