Apache County ALR Hearing Guide

Apache County DUI License Suspension & ALR Hearing

Being arrested for DUI in Apache County can trigger two separate legal processes: a criminal case in court, and an administrative action by the Arizona Department of Motor Vehicles (MVD) that can suspend your driver's license. This guide focuses on the administrative process and how to navigate the complexities of a license suspension in Apache County. Understanding these procedures and deadlines is crucial to protecting your driving privileges. Remember that even if your criminal charges are dismissed through a diversion program, the MVD can still suspend your license based on the arrest affidavit. This is often referred to as the "Two-Track" system.

CRITICAL DEADLINE: Request Hearing Within 15 Days

If the arresting officer served you with an Admin Per Se / Implied Consent Affidavit after your DUI arrest, you have only 15 DAYS to request an Administrative License Revocation (ALR) hearing. This is a hard deadline.

• Where to Request: This hearing is requested through the Arizona MVD.
• How to Request: Requesting a hearing "stays" (pauses) the suspension, allowing you to continue driving until the hearing is held. Failing to request a hearing within 15 days will result in an automatic suspension of your license.
• What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days of being served with the Admin Per Se affidavit, your license will automatically be suspended on the 16th day for 90 days.
• Deadline is Strict: Given the "Closed Friday" policy of many Apache County offices, ensure you submit your hearing request no later than Thursday at 5:00 PM to avoid missing the deadline.

Automatic License Suspension

An automatic license suspension can occur under the following circumstances:

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, the officer likely seized your physical license and issued you a temporary driving permit.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.
• Temporary Permit: The yellow copy of the Admin Per Se affidavit serves as a temporary driving permit, valid for only 15 days.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test in Arizona.

• Refusal Penalty: If you refused to submit to testing, you face a suspension of one year for a first offense.
• Implied Consent Law in Arizona: By driving on Arizona roads, you have given your implied consent to submit to chemical testing if lawfully arrested for DUI. Refusal to submit can result in a longer suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It is a separate process from the criminal DUI case.

What It Is

• Separate from Criminal Court: The outcome of your criminal case will not necessarily affect the outcome of your ALR hearing, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will determine whether the MVD has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The MVD only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted, rather than beyond a reasonable doubt, as required in criminal court.

How to Prepare

Preparing for your ALR hearing is crucial. You can present evidence and testimony to challenge the suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or expert testimony.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing and help you present the strongest possible case.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the MVD has sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the MVD does not have sufficient evidence, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work or school.

Hardship/Restricted License in Arizona

Even if your license is suspended, you may be eligible for a Special Ignition Interlock Restricted Driver License (SIIRDL). This allows you to drive under certain restrictions.

• Eligibility Requirements: You must meet certain requirements, such as installing an ignition interlock device (IID) on your vehicle.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: There are fees associated with obtaining a restricted license, and you must complete an application process with the MVD.
• IID Requirement: As part of the SIIRDL, you will need to install an IID on any vehicle you operate. In Apache County, finding an IID installer can be a logistical challenge. Consider that Apache County (White Mountains) experiences extreme cold in winter. A dead battery can cause a "lockout" or a "power disconnect" violation record.

Getting Your License Back

Reinstating your license after a DUI suspension requires fulfilling specific requirements.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends, you must meet certain requirements to reinstate your license, such as paying a reinstatement fee, completing a DUI education program, and passing a written and/or driving test.
• Fees: The reinstatement fee is $20.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: The MVD may require you to complete DUI education or treatment programs before reinstating your license.

Apache County MVD Offices

Navigating the MVD in Apache County can be challenging due to limited access.

• St. Johns TeleMVD: Located at US 180 MP 369.4. This is a "virtual" office where a technician assists via video link. NO ROAD SKILLS TESTS are offered here. If reinstatement requires a road test, you must travel to Show Low (Navajo County) or Safford (Graham County).
• Third-Party Providers: There are no major authorized third-party MVD providers listed directly within the remote towns of Apache County (Springerville/St. Johns/Chinle). The nearest are in the Phoenix metro area or larger hubs like Flagstaff/Show Low.
• Online Portal: AZMVDNow.gov is the primary tool for checking license status, paying reinstatement fees ($20), and ordering duplicate cards.

Special Programs

• Ignition Interlock Device Program: If convicted of DUI, or to obtain a Special Ignition Interlock Restricted Driver License (SIIRDL), an Ignition Interlock Device (IID) is required. In Apache County, finding an installer is a logistical hurdle.
• Occupational License: In some cases, you may be able to obtain an occupational license, which allows you to drive for work-related purposes only, even if your license is suspended.

Surviving a DUI in Apache County requires more than legal knowledge; it requires logistical mastery. The friction of distance—between the arrest in Chinle, the jail in St. Johns, the tow yard in Show Low, and the MVD in Phoenix—is the primary adversary in the first 48 hours.

Frequently Asked Questions

Q: Where do I request an ALR hearing in Apache County? A: You request the ALR hearing through the Arizona MVD. The St. Johns TeleMVD is located at US 180 MP 369.4, but remember they do not offer road skills tests.

Q: What happens if I miss the 15-day deadline to request an ALR hearing? A: Your license will be automatically suspended on the 16th day. Given the "Closed Friday" policy of many Apache County offices, ensure you submit your hearing request no later than Thursday at 5:00 PM to avoid missing the deadline.

Q: Can I drive to work if my license is suspended for DUI in Apache County? A: You may be able to obtain a Special Ignition Interlock Restricted Driver License (SIIRDL) which allows you to drive to and from work, school, medical appointments, and other essential activities, provided you install an Ignition Interlock Device (IID) on your vehicle.

Sources

• Arizona Revised Statutes (A.R.S.) Title 28
• AZMVDNow.gov
• St. Johns TeleMVD
• Pinal County FAQ - Reinstating Driver's License