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How the Motor Vehicle Division (MVD) Handles Your Driver’s License Suspension

Interviewer: If you don’t have a blood test result, how do you deal with the MVD? Will they try to suspend your license anyway? Will they not? Do you have to challenge it within 15 days?

Brian Sloan: It is, in a way, like being in limbo. The officer will write down in an area on the admin per se implied consent form everything why they think the person is operating the vehicle under the influence. They’ll put down the portable breath test result. They’ll put down slurred speech, odor of alcohol, bloodshot, watery eyes, and the possible admission to drinking five beers.

They’ll write all this down and, occasionally, they’ll write all that down, they will not have the blood test results yet but they’ll still send it into the Motor Vehicle Division, assuming that they can later update it once they get the blood test results.

If Police Paperwork Is Omitted, the MVD May Vacate Your Suspension

Now, if you ask for a hearing, or a summary review, then, the administrators over at the Motor Vehicle Division might look at that paperwork and say, “There are no blood test results listed on here. On its face, this suspension is improper.”

They may vacate the suspension if the officer has not taken that extra step to resubmit that paperwork with the blood test results, either because the officer forgot or because the blood test results simply aren’t back yet.

By Brian Douglas Sloan

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AZ DUI Defense Lawyer Brian Douglas Sloan
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