Arizona MVD Hearing
At a DUI Motor Vehicle Division (MVD) hearing, also known as an administrative per se hearing, an administrative law Judge will decide whether the State has met its burden of proof to sustain the person’s DUI driver’s license suspension. This type of hearing is a civil, rather than criminal hearing and is more informal than a criminal hearing. Additionally, the standard of proof in an administrative per se hearing is preponderance of the evidence rather than the criminal standard beyond a reasonable doubt. If the Judge decides to sustain the action, the person’s driver’s license will be suspended for ninety (90) days. In order to suspend a person’s driver’s license, the State must establish the following:
(1) The arresting Officer had reasonable grounds to believe the person violated Arizona’s DUI laws;
(2) The arrest was based on the person’s violation of misdemeanor or felony DUI law;
(3) The person’s blood-alcohol content (BAC) was 0.08 or higher;
(4) The method of testing the person’s BAC was reliable;
(5) The results of the tests were evaluated properly.
In addition to administrative per se hearings, the MVD also conducts the following hearings:
(1) Arizona Medical Review Hearings;
(2) SR22 Insurance Hearings;
(3) Reinstatement of Driving Privileges following both Suspension and Revocation;
(4) Arizona Negligent Operator Hearings (Also referred to as “Points” Hearings).
If you have been arrested for DUI, the Arizona MVD attorneys at the Arizona MVD law firm Oracle Law Group Office P.C. can assist you throughout your Arizona MVD hearing.