Graham County ALR Hearing Guide

Graham County DUI License Suspension & ALR Hearing

A DUI arrest in Graham County, Arizona, triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license by the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD). This guide focuses on the administrative process, specifically the potential suspension of your driver's license and the steps you can take to challenge it. Understanding this process is crucial, as a license suspension can significantly impact your ability to work, attend school, and manage daily life. The administrative process is separate from the criminal case and has different rules and procedures.

CRITICAL DEADLINE: Request Hearing Within 15 Days

If you were arrested for DUI in Graham County, you face the possibility of an administrative license suspension. To challenge this suspension, you must request an Administrative License Revocation (ALR) hearing within 15 days of receiving the suspension notice. This notice is typically served at the time of your arrest. Missing this deadline results in an automatic suspension of your driving privileges.

• Where to Request: All hearings regarding license suspension (Admin Per Se) are managed by the Executive Hearing Office in Phoenix (3838 N. Central Ave).
• How to Request: You can request a hearing by contacting the Executive Hearing Office. While Graham County doesn't have a local Executive Hearing Office, residents can participate in hearings remotely via video conference or telephone. The quickest method for requesting a hearing is via fax.
• Fax: 602-241-1624
• Request a hearing online.
• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended for a period determined by the circumstances of your arrest (breath/blood test results or refusal). This suspension is automatic and irreversible if the deadline is missed.

Automatic License Suspension

The ADOT MVD can automatically suspend your license following a DUI arrest, depending on whether you submitted to chemical testing and the results, or if you refused testing altogether.

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 MVD will likely suspend your license. The suspension period will depend on the specific BAC level and any prior DUI convictions.

• BAC over 0.08: Suspension period varies based on prior offenses and BAC level.

The officer likely provided you with a temporary permit at the time of your arrest. This permit allows you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Under Arizona's implied consent law, A.R.S. § 28-872, by driving on Arizona roads, you have implicitly consented to submit to chemical testing if arrested for DUI. Refusing to submit to a breath, blood, or urine test results in a mandatory license suspension, regardless of your actual BAC.

• Refusal Penalty: A longer suspension period than failing the test.

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, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly affect the criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the MVD has sufficient evidence to justify suspending your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a 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.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Arizona ALR hearings can help you understand your rights, gather evidence, and present a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the MVD's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the chemical test was properly administered.
• Whether your BAC was actually over the legal limit.
• Whether you were properly informed of your rights under the implied consent law.

Possible Outcomes

• Suspension Upheld: If the Administrative Law Judge (ALJ) finds that the MVD has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ finds that the MVD has not met its burden of proof, your license suspension will be overturned, and your driving privileges 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.

Hardship/Restricted License in Arizona

Even with a suspended license, you may be eligible for a restricted license in Arizona, allowing you to drive to and from work, school, or medical appointments.

• Eligibility Requirements: Requirements vary depending on the reason for the suspension and any prior DUI convictions.
• What You Can Drive For: Typically, restricted licenses allow driving to and from work, school, medical appointments, and substance abuse treatment programs.
• Costs and Application Process: You must apply for a restricted license through the MVD and pay the required fees.
• IID Requirement: Often, a restricted license requires the installation of an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even after your criminal case concludes, you must take separate steps to reinstate your driving privileges.

• Reinstatement Requirements: These may include completing a DUI education program, paying reinstatement fees, and providing proof of SR-22 insurance.
• Fees: Reinstatement fees vary depending on the type and length of the suspension. The MVD does not accept personal checks for these fees.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the MVD for drivers considered high-risk.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education or treatment program as part of your reinstatement requirements.

Graham County MVD Offices

The MVD office in Safford is the local resource for many license-related services, though hearings are handled remotely.

• Safford Field Office: 310 W Main St, Safford, AZ
• The inspection cutoff is strictly enforced at 4:00 PM.
• It is recommended to book appointments via AZMVDNow.gov to avoid long wait times. The office handles reinstatement, ID, and title services.

Special Programs

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

Navigating the license suspension process after a DUI arrest in Graham County can be confusing and stressful. Understanding your rights, meeting deadlines, and seeking qualified legal assistance can significantly improve your chances of protecting your driving privileges. Remember that the City of Safford and Graham County operate with specific procedures, including strict adherence to cash-only payments for certain fees, so be prepared for potential logistical hurdles.

Frequently Asked Questions

1. If I was arrested on a Friday night in Safford, when can I pay the $150 administrative impound fee to get my car back? You will have to wait until Monday morning when the City of Safford administrative offices reopen. This delay can result in additional storage fees at the tow yard.
2. Can I pay my license reinstatement fee with a personal check at the Safford MVD office? No, the MVD does not accept personal checks for reinstatement fees.
3. Are ALR hearings held in person in Graham County? No, ALR hearings for Graham County residents are typically conducted remotely via video conference or telephone, with the Administrative Law Judge presiding from Phoenix.

Sources

• City of Safford - Administrative Impound Fee Policy
• Graham County - Justice of the Peace 1
• Graham County - Fees
• Arizona Department of Transportation (ADOT) - MVD
• Arizona Department of Transportation (ADOT) - Contact Executive Hearing Office
• Arizona Department of Transportation (ADOT) - License Revocation and Suspension
• Arizona Department of Transportation (ADOT) - Safford MVD Office