If you have been charged with drunk driving in Arizona you have (15) fifteen days from the date you were served with either an Admin Per Se or Implied Consent form to request a hearing with the Motor Vehicle Division (MVD); otherwise, your license is automatically suspended.
On the back of the Admin Per Se or Implied Consent forms it states that the license suspension will begin unless a hearing with the Motor Vehicle Division is requested within 15 days of being served. If a timely request for an MVD hearing is made then the license suspension is put on hold pending the outcome of the hearing.
Arizona Motor Vehicle Division hearings are civil or administrative proceedings that are less formal than criminal hearings in that the rules of evidence do not apply. At the MVD hearing the Administrative Law Judge (ALJ) will decide whether the license suspension should be upheld. The hearing typically begins with the arresting officer providing testimony concerning the arrest and testing procedures. Upon completion of the officer's testimony, the defense is given the opportunity to ask questions of the arresting officer without the presence and assistance of the prosecution. Occasionally an officer will provide conflicting or misleading testimony at the MVD hearing that can later be used in plea negotiations or at trial in a criminal case.
At the conclusion of the hearing the ALJ will issue a decision. If ALJ upholds the license suspension it typically begin about 20 days after the hearing. A restricted license may be available after 30 days.
The scope of an Admin Per Se or Implied Consent hearing is different than that of a criminal case. Therefore, certain issues such as whether there was a valid stop is not relevant in an Arizona MVD hearing.
At an Admin Per Se Hearing the following issues may be raised:
1. Whether the officer had reasonable grounds to believe you were driving or were in actual physical control of a motor vehicle while under the influence of intoxicating liquor;
2. Whether you were placed under arrest for a DUI offense;
3. Whether the test results indicated a BAC of .08 or more, or .04 or more for a commercial motor vehicle;
4. Whether the testing method used was valid and reliable; and
5. Whether the test results were accurately evaluated.
At the Implied Consent Hearing the following issues may be contested:
1. Whether the Officer had reasonable grounds to believe that you were DUI, or if you are under twenty-one years of age, that you were driving with spirituous liquor in your body;
2. Whether you were placed under arrest;
3. Whether you refused to submit to the test; and
4. Whether you were informed of the consequences of refusal.
There are many benefits to consulting with DUI lawyer concerning MVD hearings. An experienced drunk driving lawyer will analyze and explain the benefits of requesting an MVD hearing. An attorney may also be able to help win the MVD hearing or gather information relevant to a criminal case.
