Arizona MVD hearings are administrative or civil proceedings where the State has the burden of proving by a “preponderance of evidence” that the suspension of your driver’s license should be upheld. The hearing provides an opportunity to challenge the suspension of your license. The MVD hearing is less formal than a criminal hearing as the Rules of Evidence do not apply.
If you were arrested for DUI you may have been served with an Administrative Per Se or Implied Consent Affidavit. The affidavit states that your license will be suspended in 15 days, but if you request a hearing your license suspension is put on hold until after a decision at the MVD hearing.
You must request the MVD hearing within (15) days of being served with the Affidavit.
Upon receipt of the affidavit, the MVD will schedule a hearing and subpoena the officer to appear and testify. The MVD hearing provides an opportunity to cross examine the officer without the presence of the prosecutor. Officers from time to time make admissions or offer conflicting testimony that can be used later in your criminal case.
Administrative Per Se Hearings
The scope of the Administrative Per Se hearing is as follows:
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.
If the Administrative Law judge upholds the (90) days suspension you may be eligible for a restricted permit after (30) days.
Implied Consent Hearings
If you operate a motor vehicle in Arizona you have impliedly given consent to the testing of your blood or urine for determining alcohol or drug concentration for any DUI related offense.
The purpose of the Implied Consent Hearing is for the Administrative Law Judge to determine whether to uphold or void not less than a one year suspension of your driver’s license and/or privilege to drive.
The scope of the Implied Consent hearing includes:
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.
If the Administrative Law judge upholds the one year suspension you may be eligible for a restricted permit after 90 days.