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The Hearing at the Motor Vehicle Division

Interviewer: When someone requests the hearing, how long will it take for them to actually have to go to hearing and what’s the hearing like?

Brian Sloan: It’s basically a mini trial. There is an administrative law judge who is not a judge per se, but is someone who oversees the proceedings. I will request the hearing online. My client immediately will get an email from the Arizona Department of Transportation, which will say something like, “Thank you for your comment.”

Even If an Attorney Requests the Hearing, You Are the Only Party Notified about the Proceeding

A couple of days later, they will then get an email from the Arizona Department of Transportation that will indicate, “We received your request for a hearing. Your license suspension is stayed. We will mail you notice of your hearing within the next 30 to 60 days.”

In reality, the letter is being mailed out usually between 60 and 120 days. It’s taking a long time for people to get those letters. The problem with the system is that the client, the defendant is emailed these notices, while the attorney is not.

So, I can request the hearing on my client’s behalf, but I do not get any notification that it was actually received. I don’t get any notification that their license suspension has been stayed. And when the client eventually gets a letter in the mail telling them when the hearing is set, I don’t get a copy of that letter either.

So, unfortunately, everything goes to the client. And the only way they are notified of the hearing is by mail, not by email. So, normally, the range of time on this is that someone will get arrested, they request a hearing, they’ll get an email immediately after we ask for a hearing, they’ll get an email a couple of days after we ask for the hearing.

It May Take up to 150 Days for the Hearing

They will then get a letter in the mail between 60 to 120 days later, which will then notify them of their hearing date, which is usually going to be about a month or two later.

During This Time, Your Case for the DUI Is Pending as Well

And the problem with this is that the case itself which is proceeding through the court system usually isn’t going to take as long as the Motor Vehicle Division System is going to take. But we are trying to ensure that we make the right decision with the Motor Vehicle Division hearing so as to hopefully prevent the client from having to get Sr22 high risk insurance. This usually means that we want to figure out what to do with the Motor Vehicle Division hearing before we finalize the case that is pending in court.

So, a lot of times, the hearings do not actually take place. We end up agreeing to the license suspension prior to the hearing actually taking place or oftentimes, prior to the hearing actually being sent.

What to Expect: Hearings at the MVD Do Not Operate under the Same Rules of Evidence as the Judicial System

Now, if the hearing actually does take place, the rules of law don’t necessarily apply. The administrative law judge, the Motor Vehicle Division hearing is not under the same rules of evidence as the court system. Hearsay is allowed which means that in reality, some officer needs to show up to the hearing.

The Arresting Officer Does Not Have to Appear

Any officer, not necessarily the arresting officer, needs to come to the hearing. An officer who reviewed the police reports or talked to the officers that were involved in the case can come to testify. They only need to be able to establish to the administrative law judge that the arresting officer did have reasonable suspicion stopped the vehicle, did establish probable cause to arrest the person and did request that a blood, breath, urine test be provided.

And either that the test results came back above the legal limit or that it did show the presence of drugs or medications.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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