Coconino County ALR Hearing Guide

Coconino County DUI License Suspension & ALR Hearing

Losing your driving privileges after a DUI arrest can disrupt your life. In Arizona, and specifically in Coconino County, understanding the process of license suspension and the Administrative License Revocation (ALR) hearing is crucial. It's important to understand that the MVD (Motor Vehicle Division) handles your driving privileges separately from the criminal court case addressing the DUI charge itself. This guide explains what you need to do to protect your driving privileges in Coconino County following a DUI arrest.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Coconino County, if you either failed a breath or blood test (BAC of 0.08 or higher) or refused to take one, the arresting officer will seize your Arizona driver's license and issue an Admin Per Se / Implied Consent Affidavit. This document, usually a yellow or pink sheet, serves as a temporary driving permit valid for only 15 days.

The most critical action you must take is to request an Executive Hearing with the Arizona Department of Transportation (ADOT) to contest the impending license suspension. You have exactly 15 days from the date the temporary permit was issued to make this request.

How to Request a Hearing:

The request must be submitted in writing and mailed or submitted online through the ADOT portal. This request is entirely separate from any filings related to your criminal DUI case.

Consequences of Missing the Deadline:

If you fail to request an Executive Hearing within the 15-day window, your license suspension will automatically take effect on the 16th day. There is no grace period.

Automatic License Suspension

The length and type of your license suspension depend on whether you submitted to chemical testing (breath or blood) and the results, or if you refused to submit to testing.

If You Took the Breath/Blood Test and Failed

• BAC of 0.08 or Higher: If your blood alcohol concentration (BAC) was 0.08 or higher, you face an Admin Per Se suspension. The suspension is typically 90 days for a first offense involving alcohol. However, after the first 30 days, you may be eligible for a restricted driving permit, allowing you to drive to and from work or school.

Your temporary driving permit is valid until the date of your scheduled hearing or until the 16th day after issuance if you don't request a hearing, at which point the suspension begins.

If You Refused Testing

Arizona's Implied Consent Law means that by driving on Arizona roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI.

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test. A refusal results in a one-year license suspension. Mitigating an Implied Consent suspension is significantly more difficult. Typically, you will not be eligible for a restricted driving permit during the first 90 days of an Implied Consent suspension.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as the Executive Hearing, is a critical step in the license suspension process.

What It Is

The ALR hearing is a civil proceeding that is entirely separate from your criminal DUI case. The sole purpose of the ALR hearing is to determine whether the Arizona Department of Transportation (ADOT) is justified in suspending your driver's license.

The burden of proof in an ALR hearing is lower than in a criminal trial. ADOT only needs to show that it is more likely than not that you were driving under the influence.

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, video footage, or any documentation that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Coconino County can guide you through the ALR process, present a strong defense, and protect your rights.
• Understand What You Can Challenge: You can challenge various aspects of the case, such as the legality of the initial stop, the administration of the breath or blood test, and whether there was probable cause for the arrest.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the hearing officer determines that the evidence supports the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence does not support the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Arizona

Even with a suspended license, you may be able to obtain a restricted license, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a restricted license varies depending on the type of suspension and your prior driving record. Typically, you must complete a portion of your suspension period before applying.
• 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: Applying for a restricted license involves a fee and submitting an application to ADOT.
• IID Requirement: In many cases, obtaining a restricted license requires installing an Ignition Interlock Device (IID) in your vehicle. In Coconino County, the high altitude and cold weather can pose technical challenges to IIDs. Fuel cell sensors in IIDs may react slower at low temperatures, causing delays. Cold weather can also drain vehicle batteries, which can be misinterpreted as a tampering violation. Consider choosing an IID provider with a local service center in Flagstaff or Page.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must complete the full suspension period, pay a reinstatement fee, and provide proof of financial responsibility (SR-22 insurance).
• Fees: Reinstatement fees vary and are payable to ADOT.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by ADOT for high-risk drivers.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete DUI education or treatment programs.

Coconino County MVD Offices

• Flagstaff MVD: 1959 S Woodlands Village Blvd Ste 100A, Flagstaff, AZ 86001. Hours are 07:30–17:00, Monday - Friday. This office handles reinstatements and restricted license issuance but does not host the hearings themselves.
• Page MVD: 3300 US-89, Page, AZ 86040. This office opens at 12:00 PM on the second Wednesday of each month.
• FooteWork (Williams): 820 W Route 66, Williams, AZ. This is an Authorized Third Party provider.

Special Programs

• Ignition Interlock Device (IID) Program: If required, you must install and maintain a certified IID in your vehicle for a specified period.
• Occupational License: In some cases, you may be eligible for an occupational license, allowing you to drive for work-related purposes even if your license is suspended.

Frequently Asked Questions

Q: How long will my license be suspended for a first-time DUI in Coconino County? A: If you failed a breath or blood test, the suspension is typically 90 days. If you refused testing, the suspension is one year.

Q: Where do I request an ALR hearing in Coconino County? A: You must request the hearing in writing and mail it or submit it online through the ADOT portal.

Q: Can I drive to work if my license is suspended in Coconino County? A: You may be eligible for a restricted license that allows you to drive to and from work, school, and other essential activities. This may require installing an Ignition Interlock Device (IID).

Sources

• Criminal Cases - Coconino County
• Requesting a Hearing - Arizona Department of Transportation
• Flagstaff - Arizona Department of Transportation
• Page - Arizona Department of Transportation
• FooteWork Auto License And Title Service - Williams | Motor Vehicle Providers Association
• Does an Ignition Interlock Drain My Car Battery? - Smart Start