Tucson DUI Blog

MVD vs. TUCSON COURTS: How One Affects the Other

Posted by Stephen Barnard | Apr 03, 2015 | 0 Comments

      Going through the court system when being charged with a DUI in Tucson can be a very frightening and confusing process. But what is perhaps even more confusing than the court system is the process that occurs at the Motor Vehicle Division (MVD) alongside it. Many people have questions regarding how the court system governs MVD and vice versa. While there is some overlap between the two institutions, in general  MVD and the courts actually handle DUIs in two completely separate ways with one having very little say over the other.


For example, you can be sanctioned by MVD and have your license suspended even if you have not been found guilty in the court system. This is because in Arizona driving is considered a privilege. As such, by using your privilege to drive you have an implied consent to certain rules and sanctions that occur outside of anything that happens in the courts.

     On top of this, how these rule and sanctions apply to you depend on what your BAC. level is, how many prior DUIs you have, and whether or not you did a blood test or a breath test. The one thing that all these different potential processes and events have in common though is that they all begin when you first receive a citation for being suspected of driving under the influence. Over the next few weeks we'll be looking at what can happen to you in the courts and MVD depending on your situation starting from this initial citation.

About the Author

Stephen Barnard

In his 25 years of practice he has tried over 800 Jury Trials involving Driving Under the Influence of alcohol or drugs (as a defense attorney). These include: DUI, Aggravated DUI, Aggravated Assault by vehicle, Endangerment by vehicle, Manslaughter and Second degree murder by vehicle.


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