Navajo County ALR Hearing Guide

Navajo County DUI License Suspension & ALR Hearing

After a DUI arrest in Navajo County, Arizona, you're facing two separate legal battles: a criminal case in the Justice Court and an administrative case with the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD). This guide focuses on the administrative side – specifically, how to fight your license suspension through an Administrative License Revocation (ALR) hearing. The administrative process is often faster and more unforgiving than the criminal case, so acting quickly is crucial.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Upon arrest for DUI, if you failed a breath test (BAC of 0.08 or higher) or refused to take one, the officer likely issued an "Admin Per Se" suspension affidavit. This document initiates the administrative license suspension process.

The Deadline: You have exactly 15 days from the date of service (usually the arrest date) to request a hearing with the ADOT Executive Hearing Office. This is a strict deadline.

How to Request: You need to request the hearing from the ADOT Executive Hearing Office. While the main office is located in Phoenix, Navajo County hearings are typically conducted telephonically or via video conference. You can request a hearing by contacting ADOT.

What Happens if You Miss the Deadline: Failure to request a hearing within 15 days results in the automatic suspension of your driver's license on the 16th day. There is no judicial discretion here; it's a bureaucratic trigger.

Automatic License Suspension

Arizona operates under 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. Refusal to submit to testing carries its own penalties, separate from penalties associated with failing a test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension depends on various factors, including prior DUI convictions and BAC level.
• Temporary Permit: The officer might have issued a temporary driving permit. This permit is valid until the date of your scheduled ALR hearing or until the suspension officially begins (16 days after the arrest if no hearing is requested).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test results in a longer license suspension than failing the test.
• Implied Consent Law: Arizona's implied consent law (A.R.S. § 28-3511) dictates these penalties for refusal.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil administrative process, entirely separate from your criminal DUI case. Its sole purpose is to determine whether the Arizona MVD is justified in suspending your driving privileges.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice versa. You can win the ALR hearing and still be convicted of DUI in court, and vice versa.

• Decide if License Suspension is Warranted: The hearing officer will review evidence and testimony to decide if the suspension is warranted based on a "preponderance of the evidence" – a lower burden of proof than "beyond a reasonable doubt" required in criminal court.

• Limited Scope: The hearing’s scope is strictly limited to these issues:

• Did the officer have reasonable grounds to believe you were driving under the influence?

• Was your arrest lawful?

• Did you refuse or fail a chemical test?

• Were you properly advised of your rights and the consequences of refusing or failing the test (Admin Per Se admonition)?

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
• Dashcam or bodycam footage
• Medical records (if relevant)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Navajo County can guide you through the ALR process, represent you at the hearing, and present the strongest possible defense.
• Understand What You Can Challenge: Focus your efforts on challenging the specific issues relevant to the hearing (listed above). Arguments about hardship or the need to drive for work are not relevant at an ALR hearing.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension. Your license will be suspended, and you'll need to explore options for a restricted license or wait out the suspension period.
• Suspension Overturned: The hearing officer finds insufficient evidence to support the suspension. Your driving privileges will be reinstated.
• Restricted/Hardship License Granted: While not a direct outcome of the ALR hearing itself, a successful challenge may make you eligible for a restricted license sooner.

Hardship/Restricted License in Arizona

If your license is suspended, you may be eligible for a Special Ignition Interlock Restricted Driver License (SIIRDL) after serving a mandatory "hard suspension" period (usually 30-90 days).

• Eligibility Requirements: You must meet certain requirements to be eligible for a restricted license, including:
• Serving the mandatory "hard suspension" period.
• Completing an alcohol screening (not treatment, just screening).
• Providing proof of SR-22 insurance to the MVD.
• Installing a certified 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 alcohol/drug counseling.
• Costs and Application Process: Contact the Arizona MVD for details on the specific costs and application process for a restricted license.
• IID Requirement: An ignition interlock device (IID) is typically required for a restricted license following a DUI.

Getting Your License Back

After Criminal Case Concludes

Even if you successfully challenge the administrative suspension, you may still face a license suspension as part of your criminal DUI case.

• Reinstatement Requirements: To fully reinstate your license after the criminal case concludes, you'll likely need to:
• Pay all fines and court fees.
• Complete any required alcohol/drug education or treatment programs.
• Install an ignition interlock device (IID) for a specified period.
• File SR-22 insurance with the MVD.
• Fees: Reinstatement fees vary; contact the MVD for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state for drivers considered high-risk.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol/drug education or treatment programs as part of your sentence.

Navajo County DMV Offices

The ADOT MVD has a local office in Holbrook:

• Holbrook MVD Office: 1501 E Navajo Blvd, Holbrook, AZ 86025. Arizona Department of Transportation

Check the Arizona Department of Transportation website for current hours of operation.

Special Programs

• Ignition Interlock Device Program: Arizona mandates IID installation for all DUI convictions, including first-time misdemeanors.
• Special Ignition Interlock Restricted Driver License (SIIRDL): As mentioned above, this allows limited driving privileges during a suspension.

Remember, the information provided here is for general guidance only and should not be considered legal advice. Consult with an experienced Arizona DUI attorney to discuss the specific details of your case and protect your rights.

Frequently Asked Questions

1. I missed my court date in Pinetop-Lakeside. What should I do? The Pinetop-Lakeside Justice Court holds "Open Court" every Tuesday at 11:30 AM. You can appear voluntarily to address the missed date and potentially quash any outstanding warrants without being arrested.
2. My car was impounded after my DUI arrest. How do I find out where it was towed? Contact the arresting agency (Navajo County Sheriff's Office, Show Low Police Department, etc.). They should be able to provide you with the name and contact information of the towing company that impounded your vehicle.
3. I live in Kayenta, but I have to appear in court in Holbrook. Will the time difference affect my hearing? Yes. The Kayenta Justice Court is located on the Navajo Nation, which observes Daylight Savings Time (DST), while the rest of Arizona does not. From March to November, Kayenta is one hour ahead of Holbrook. Be sure to account for this time difference when scheduling and attending court hearings.

Sources

• Arizona Revised Statute (A.R.S.) § 28-3511
• Holbrook - Arizona Department of Transportation
• Pinetop-Lakeside | Navajo County, AZ