Gila County ALR Hearing Guide

Gila County DUI License Suspension & ALR Hearing

A DUI arrest in Gila County, Arizona, triggers two separate but parallel legal processes: a criminal case in court and an administrative license suspension handled by the Arizona Department of Transportation (ADOT). This guide focuses on the administrative side, specifically how to fight the potential suspension of your driver's license. Understanding this process and acting quickly is essential to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Gila County, you face an automatic license suspension if you don't act quickly. You have only 15 days from the date you were served the Admin Per Se Suspension Affidavit to request a hearing to challenge the suspension. This hearing is formally called an Administrative License Revocation (ALR) hearing.

To request a hearing, you must contact the ADOT Executive Hearing Office (EHO). It's crucial to send your request directly to the EHO in Phoenix. Requests filed at the Payson MVD or the local court will likely be lost or rejected.

Here's how to request a hearing:

• Where to Request: Arizona Department of Transportation, Executive Hearing Office.
• How to Request:
• Mail: Mail Drop 507M, P.O. Box 2100, Phoenix, AZ 85001-2100.
• Physical Location: 3838 N. Central Ave, Suite 300, Phoenix, AZ 85012.
• Fax: (602) 241-1624.
• What Happens If You Miss The Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There will be no further notice.

Automatic License Suspension

The grounds for an automatic license suspension stem from Arizona's implied consent laws. By driving on Arizona roads, you implicitly consent to submit to chemical testing (breath or blood) if lawfully arrested for DUI.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended.

• BAC Over 0.08: The suspension period is typically 90 days for a first offense.
• Temporary Permit: The officer should have provided you with a temporary driving permit, which is valid until your ALR hearing or until the suspension officially begins (15 days after the notice if you don't request a hearing).

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty than failing the test.

• Refusal Penalty: A license suspension for refusing to take a chemical test is typically one year for a first offense.
• Implied Consent Law in Arizona: Arizona's implied consent law (Arizona Revised Statutes (ARS) 28-3511) means that refusing a test results in an automatic suspension, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate From Criminal Court: The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The purpose of the hearing is for the EHO to determine whether there was probable cause for the DUI arrest and whether your BAC was above the legal limit, or whether you refused to submit to testing.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The EHO only needs to determine that it's more likely than not (a preponderance of the evidence) that the suspension is warranted.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, videos, photos, or any other documentation that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A DUI attorney can help you gather evidence, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge several aspects of the suspension, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether there was probable cause to arrest you for DUI.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the EHO finds that the suspension is warranted, your license will be suspended.
• Suspension Overturned: If the EHO finds that the suspension is not warranted, 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 certain conditions (e.g., to/from work or school).

Hardship/Restricted License in Arizona

Even with a suspended license, Arizona law allows for a Special Ignition Interlock Restricted Driver License (SIIRDL) under certain conditions.

• Eligibility Requirements: You may be eligible for a SIIRDL if you install an ignition interlock device (IID) on your vehicle.
• What You Can Drive For: A SIIRDL typically allows you to drive to and from work, school, medical appointments, and required alcohol/drug treatment programs.
• Costs and Application Process: The application process involves submitting paperwork to the MVD and providing proof of IID installation. There are fees associated with obtaining a SIIRDL.
• IID Requirement: The IID must be installed by an authorized provider. In the Globe area, authorized installers include LifeSafer (710 W Ash Street) and Intoxalock (1982 E Ash Street). In Payson, Smart Start is located at 1506 W Bravo Taxiway. Remember that calibration is required every 30-90 days, so choose a local installer to avoid long travel.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period, you must meet certain requirements to reinstate your license.
• Fees: You will need to pay a reinstatement fee to the MVD.
• 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: You may be required to complete alcohol or drug education classes or treatment programs.

Gila County MVD Offices

• Payson MVD Office: 122 East Highway 260, Ste 122, Payson, AZ 85541. This is the correct location for license transactions, photos, and reinstatement fees. Note that MVD offices typically open at 12:00 PM on the second Wednesday of each month.
• Inspection Station: 200 W Frontier, Suite Q, Payson. This location is primarily for Level II/III vehicle inspections and may not offer full counter services for driver license issues.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program allows you to obtain a restricted license during your suspension.
• Occupational License: Arizona does not offer a specific "occupational license" beyond the SIIRDL. The SIIRDL serves a similar purpose, allowing you to drive for work-related purposes.

Frequently Asked Questions

1. If I'm arrested for DUI in Payson but live in Globe, where do I request my ALR hearing? You must request your ALR hearing directly with the Executive Hearing Office (EHO) in Phoenix, regardless of where you live or where you were arrested.
2. Can I request an extension on the 15-day deadline to request an ALR hearing? No, the 15-day deadline is strict. If you miss it, your license will be automatically suspended.
3. If I win my criminal DUI case in the Globe Regional Justice Court, will my license automatically be reinstated? No. The ALR hearing and criminal case are separate. Even if you win your criminal case, you must still address the administrative license suspension through the ALR process.

Sources

• Contact the Executive Hearing Office - Arizona Department of Transportation
• Location - Arizona Department of Transportation
• Requesting a Hearing - Arizona Department of Transportation
• Hearing Schedules / Continuances - Arizona Department of Transportation
• Payson - Arizona Department of Transportation
• LifeSafer Ignition Interlock at Dr. J's Precision Automotive, Globe, AZ 85501
• Intoxalock Ignition Interlock at A Trade LLC, Globe, AZ 85501
• Ignition Interlock at 1506 W Bravo Taxiway #7 in Payson | Smart Start