Pima County ALR Hearing Guide

Pima County DUI License Suspension & ALR Hearing

After a DUI arrest in Pima County, Arizona, you face two separate legal battles: a criminal case in court and an administrative process with the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD) regarding your driving privileges. 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 through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is vital to protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Pima County, you have only 15 days from the date of the arrest to request an ALR hearing with the Arizona MVD. This hearing allows you to contest the suspension of your driver's license. This deadline is strictly enforced.

• Where to Request: You must request the hearing from the Arizona MVD.
• How to Request: The Arizona Department of Transportation offers information on Driving Under the Influence (DUI) which may include options to request the hearing online, by phone, or by mail. Check with the MVD for the most current procedures.
• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day timeframe, your driver's license will be automatically suspended, and you will lose the opportunity to challenge the suspension administratively. There are very limited exceptions to this rule.

Automatic License Suspension

Regardless of the outcome of your criminal DUI case, the MVD can suspend your license based solely on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies depending on prior offenses and BAC level.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is valid until either your ALR hearing date or the date the suspension begins if you don't request a hearing or if the suspension is upheld at the hearing.

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 in Arizona: Arizona operates under "Implied Consent" as outlined in Arizona Revised Statutes (A.R.S.) § 28-1321. By driving on Arizona roads, you've implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal can lead to a 12-month suspension (or 24 months for a second refusal), independent of the criminal case outcome. In Pima County, officers will typically obtain a telephonic search warrant from a robust rotation of on-call magistrates to forcibly draw blood upon refusal.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. It's conducted by the Arizona MVD to determine whether sufficient cause exists to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. You can win the ALR hearing and still be convicted of DUI in criminal court.
• Decide If License Suspension Is Warranted: The hearing officer will review evidence and testimony to decide if the arresting officer had reasonable suspicion to stop you, probable cause to arrest you for DUI, and whether your BAC was over the legal limit (if you took a test) or whether you refused testing.
• Lower Burden of Proof Than Criminal Trial: The MVD only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that the facts support the suspension. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is crucial. A successful challenge can save you months of license suspension.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam or bodycam video (if available), photos, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Pima County can help you navigate the complexities of the ALR hearing process, gather and present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the legality of the initial traffic stop, the administration of the breath or blood test, and whether you were properly informed of your rights under the Implied Consent law.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension. Your license will be suspended for the applicable period.
• Suspension Overturned: The hearing officer finds that the MVD did not meet its burden of proof. 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 might be able to obtain a restricted or hardship license in Arizona, allowing you to drive to and from work, school, or medical appointments.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and whether you have prior DUI convictions.
• What You Can Drive For: Typically, a restricted license allows you to drive only to and from work, school, medical appointments, and DUI-related classes or treatment.
• Costs and Application Process: The application process involves completing an application, providing proof of eligibility, and paying a fee.
• IID Requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Whether you are convicted or not, you will still need to reinstate your license with the MVD after the suspension period.

• Reinstatement Requirements: Requirements typically include paying a reinstatement fee, providing proof of SR-22 insurance, and completing any required DUI education or treatment programs.
• Fees: The reinstatement fee varies, so check with the MVD for the current amount.
• SR-22 Insurance Requirement: Arizona requires drivers convicted of DUI to maintain SR-22 insurance for a specified period.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and the court's orders, you may be required to complete DUI education classes, alcohol or drug screening, and/or treatment programs.

Pima County DMV Offices

No specific DMV addresses or hours are available in the provided data. Consult the Arizona Department of Transportation Motor Vehicle Division for the nearest office and their operating hours.

Special Programs

• Ignition Interlock Device Program: As mandated by A.R.S. § 28-1385, Arizona requires the use of an ignition interlock device (IID) for certain DUI offenses.
• Occupational License: This allows driving for work purposes under specific restrictions.

This information is for guidance only and does not constitute legal advice. If you are facing a DUI charge in Pima County, consult with a qualified DUI attorney as soon as possible to protect your rights and explore all available options.

Frequently Asked Questions

1. How long will my license be suspended for a first-time DUI in Pima County if I refuse the breathalyzer test? Refusing a breathalyzer test in Pima County results in a 12-month license suspension for a first offense, according to Arizona's Implied Consent Law.
2. If I am granted a restricted license in Pima County after a DUI, can I drive my child to daycare? Typically, a restricted license allows driving only to and from work, school, medical appointments, and DUI-related classes or treatment. Driving to daycare may not be covered, so verify with the MVD.
3. Where in Pima County can I find information about approved DUI education programs to reinstate my license? Contact the Arizona MVD or your DUI attorney for a list of approved DUI education providers in Pima County.

Sources

• Arizona Department of Transportation - Driving Under the Influence (DUI)
• Arizona Revised Statutes (A.R.S.) § 28-1321
• Arizona Revised Statutes (A.R.S.) § 28-1385