Cochise County ALR Hearing Guide

Cochise County DUI License Suspension & ALR Hearing

After a DUI arrest in Cochise County, Arizona, you face two separate but related legal battles: a criminal case in court, and an administrative process with the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD). This guide focuses on the administrative side – specifically, the potential suspension of your driver's license and the steps you can take to challenge it. Understanding this process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Cochise County, if you provided a breath sample indicating a blood alcohol concentration (BAC) of 0.08 or higher, or if you refused to submit to breath or blood testing, the arresting officer likely served you with an "Admin Per Se" suspension affidavit. This document serves as a temporary driving permit valid for only 15 days.

You have a very limited time to act. To challenge the impending license suspension, you must request an Administrative License Revocation (ALR) hearing within 15 days of being served with the Admin Per Se affidavit. This deadline is strictly enforced.

Where to Request a Hearing: You must request the hearing from the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD).

How to Request a Hearing:

Unfortunately, there is no online hearing request option available. You must contact ADOT directly.

• By Phone: Contact the Executive Hearing Office (EHO).
• By Mail: Send a written request to the Executive Hearing Office.

What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your driver's license will be automatically suspended. The suspension will typically begin on the 16th day after you were served with the Admin Per Se affidavit.

Automatic License Suspension

The Arizona MVD can automatically suspend your license based on the circumstances of your DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your BAC was 0.08 or higher, the following applies:

• BAC over 0.08: Your license will be suspended. Requesting a hearing within 15 days will pause ("stay") the suspension until the hearing outcome.
• Temporary Permit: The Admin Per Se affidavit serves as a temporary driving permit, valid for 15 days.

If You Refused Testing

Arizona, like other states, has "implied consent" laws. This means that by driving on Arizona roads, you've implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries serious consequences.

• Refusal Penalty: Refusing a breath or blood test results in a longer license suspension than failing the test.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge your license suspension.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil matter, completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal proceedings, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the MVD has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The MVD only needs to show "a preponderance of the evidence" (more likely than not) that the suspension is justified.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, videos, photos, or expert testimony.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Arizona ALR hearings can provide invaluable assistance. They can help you gather evidence, prepare legal arguments, and represent you at the hearing.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the MVD's case, such as:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether the test results were accurate.

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, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances.

Hardship/Restricted License in Arizona law allows for restricted driving privileges under specific circumstances.

• Eligibility Requirements: Requirements may include proof of employment or school enrollment, a clean driving record (other than the DUI), and installation of an ignition interlock device (IID).
• What You Can Drive For: Restricted licenses typically allow driving to and from work, school, medical appointments, and substance abuse treatment programs.
• Costs and Application Process: There are fees associated with applying for and obtaining a restricted license. The application process involves submitting documentation to the MVD.
• IID Requirement: In many cases, obtaining a restricted license requires installing an IID in your vehicle.

Getting Your License Back

Reinstating your driver's license after a DUI-related suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to pay reinstatement fees to the MVD.
• Fees: The reinstatement fees vary.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a specified period.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case and the court's orders, you may be required to complete DUI education classes, alcohol/drug screening, and/or treatment programs.

Cochise County DMV Offices

While ADOT is transitioning toward online services, some transactions still require an in-person visit. Here are the ADOT locations in Cochise County:

• Sierra Vista: Located at Sierra Vista - Arizona Department of Transportation

Special Programs

• Ignition Interlock Device Program: Arizona requires IIDs for many DUI offenders. You can find IID installation locations in Sierra Vista.
• Adult Diversion Program: In Cochise County, diversion for first-time DUI is discretionary. The County Attorney’s Office screens cases based on BAC, conduct, and history. The program is generally reserved for low-BAC, non-accident cases.

Frequently Asked Questions

Q: Can I get a temporary license after a DUI arrest in Cochise County? A: The Admin Per Se affidavit issued at the time of your arrest serves as a temporary driving permit, valid for 15 days.

Q: Where do I go to get my vehicle release form in Cochise County? A: A Vehicle Release Form can be obtained at the Cochise County Sheriff's Office at 205 Judd Drive Bisbee.

Q: Does Cochise County offer a DUI diversion program? A: Yes, but it is not automatic. The County Attorney’s Office screens cases based on BAC, conduct, and history. It's generally reserved for low-BAC, non-accident cases. Adult Diversion Report Form - Monthly Check-in - Cochise County - az.gov

Sources

• Adult Diversion Report Form - Monthly Check-in - Cochise County - az.gov
• Sierra Vista - Arizona Department of Transportation