MVD Process - Arizona Criminal & DUI Defense Attorney

I. Terminology

An overview of the MVD process and terminology is necessary to help you understand the complexities involved.

Admin Per Se

The first to be discussed is the “Admin Per Se” component. Under A.R.S. 28-1385, if you are arrested for DUI and subjected to alcohol testing and your alcohol content is above a .08, you will be subject to a ninety (90) day suspension of your driving privilege. This suspension is also known as an “Admin Per Se Suspension.” Although the suspension is for ninety (90) days, you should qualify for a restricted privilege for the latter sixty (60) of the ninety (90) days if you meet three requirements. These requirements are: 1) You did not cause serious physical injury to another person during the course of conduct that subjected you to the DUI arrest and charges; 2) You have not been convicted of a DUI, Extreme DUI, or Aggravated DUI within eighty-four (84) months of the date of the course of conduct which subjected you to the current DUI arrest and charges; and 3) You have not had your privilege to drive suspended for refusing to submit to a blood, breath or urine test (28-1321) within eighty-four (84) months of the course of conduct which subjected you to the current DUI arrest and charges.

This restriction allows you to drive your vehicle during the final sixty (60) days of your suspension between your place of employment and residence and during specified periods of time while at employment, according to your employment schedule; to drive between your place of residence and your secondary or postsecondary school according to your educational schedule; to drive between your residence and the office of your probation officer for scheduled appointments, or to drive between your residence and a screening, education or treatment facility for scheduled appointments.

To put it simply, if you qualify for the restricted privilege, the first thirty (30) days of your suspension is a complete suspension and during the last sixty (60) days you can apply for the restricted privilege described above. In addition, if you do qualify for a restricted license, you must complete an alcohol screening prior to obtaining your restricted privilege.

Implied Consent

The second component of the “Admin Per Se/Implied Consent Affidavit” in a DUI case is the “Implied Consent” component. Under A.R.S. 28-1321, it is implied that you give consent to a test or tests of your blood, breath, or urine for alcohol or drug testing if you are arrested for DUI, Extreme DUI, Aggravated DUI or for Underage Drinking and Driving. If you refuse such a test or tests, your privilege to drive will be suspended for a period of one (1) year, or for a period of two (2) years for a second or subsequent refusal within a period of eighty-four (84) months. If your are subject to the one (1) year suspension described above, you may apply to the Motor Vehicle Department (MVD) for a “Special Ignition Interlock Restricted Driver License” (SIIRDL) after completing not less than ninety (90) consecutive days of your one (1) year suspension if you qualify. If granted, an ignition interlock device (breath test instrument) must be maintained in your vehicle for the remaining time of your suspension.

Special Ignition Interlock Restricted Driver's License (SIIRDL)

If the MVD grants your application for a SIIRDL, your privilege to drive will be restricted as follows:

1. Between your place of employment and residence during specified periods of time while at employment;
2. Between your place of residence, your place of employment and your secondary or postsecondary school according to your employment or educational schedule;
3. Between your place of residence and a screening, education or treatment facility for scheduled appointments;
4. Between your place of residence and the office of your probation officer for scheduled appointments;
5. Between your place of residence and the office of your physician or other health care professional; and
6. Between your place of residence and a certified ignition interlock device service facility.

SR22 Insurance

“SR22 Insurance” is statutorily required high risk insurance which is a guarantee to the Motor Vehicle Division that an insurance company has written a policy for at least minimum liability coverage for the person filing the SR22. It also guarantees that the insurance company will notify the MVD if insurance coverage should lapse at any time for any reason. This insurance is required in a number of different situations. It is required: 1) If you are convicted of a DUI and have not fulfilled the Admin Per Se Suspension (described above) that arose from the same occurrence as the DUI; 2) If you are subject to the Implied Consent Suspension (described above) that arose from the same occurrence as the DUI; and 3) If you received a revocation as a result of a second DUI conviction within an eighty-four (84) month period.

II. MVD Hearing Process

The MVD process begins upon your arrest for DUI. If you are subjected to a duplicate breath test as your method of testing for alcohol content and your alcohol content was above a .08, the officer should serve you with the Admin Per Se Suspension. This is the ninety (90) day suspension described above. This suspension is effective fifteen (15) days from the date of service.

If the officer in your case chooses to have blood drawn from you to analyze for alcohol content and you consent, you will not be served with the suspension right away as described above. In this situation, the officer must wait for the result of the blood analysis. If the blood analysis results in an alcohol content above a .08%, the officer should send the Admin Per Se Affidavit to MVD. MVD will then generate a Corrective Action Notice to your last known address within their system advising you of your ninety (90) day Admin Per Se Suspension.

If you choose to refuse the breath, blood or urine test requested by the officer, this likely will be deemed a refusal (Implied Consent Suspension). In this situation, as in the Admin Per Se situation described above, the officer should serve you with the Implied Consent Suspension. This is a one (1) year suspension, or two (2) years if you had a previous refusal within the last eighty-four (84) months. This suspension is effective fifteen (15) days from the date of service.

You do have the right to contest any of these suspensions. To preserve your right to contest any of these suspensions that are served upon you immediately, a “hearing” must be requested through the appropriate office at the Motor Vehicle Department within fifteen (15) days from the date of service by the officer. To preserve your right to contest the suspension sent to you by MVD, a “hearing” must be requested within fifteen (15) days from the date of the Corrective Action Notice. If a request for hearing has not been timely made, you will lose your right to this administrative hearing. As a result, it is imperative that you contact the Ramos Law Firm so that Paul Ramos can help you navigate through these MVD issues and insure that a request for hearing is timely filed.

If you request an administrative hearing to contest the suspension, the MVD Executive Hearing Office will notify you and this firm of the hearing date and time. In order to uphold the suspension, an Administrative Law Judge (ALJ) will have to find that the “Scope of the Hearing” has been met. The “Scope of the Hearing” consists of several different factual requirements related to your case. This is done by taking testimony from the officer and receiving some documentary evidence at this hearing. In order to keep the suspension in place, the ALJ must find, by a “preponderance of the evidence,” that the facts presented during the hearing are sufficient to meet the “Scope of the Hearing.” The “preponderance of the evidence” (more likely than not) standard is a fairly low standard which makes the “Scope” easier to meet. This standard differs from the very high standard of proof in your criminal case, which is “beyond a reasonable doubt.” If the ALJ fails to find sufficient evidence to support even one of the factual requirements, the ALJ will have to void (dismiss) the suspension.

The Scope for the Admin Per Se Suspension is as follows: 1) the officer had reasonable grounds to believe you were driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor; 2) you were placed under arrest for DUI or Underage Drinking and Driving; 3) your alcohol content test resulted in an alcohol content of a .08% or higher; and 4) the manner of testing was valid and reliable.

The Scope for the Implied Consent Suspension is as follows: 1) the officer had reasonable grounds to believe you were driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor; 2) you were placed under arrest for DUI or Underage Drinking and Driving; 3) you refused or failed to submit to the test or tests requested by the officer; and 4) you were advised of the consequences of the refusal.

III. Out-of-State Licenses

Whether you stipulate to the suspension or it is upheld after a hearing, you may encounter additional ramifications on your privilege to drive if you have an out-of-state license. If you have an out-of-state license, there is a possibility that your state may take some additional action (such as a suspension) upon your license in your state if you receive a suspension in Arizona. You should consult an attorney in your state concerning this possibility.

IV. Commercial Driver's License (CDL)

CDL cases are those DUI cases where you also have a Commercial Driver's License that may be affected by a suspension or conviction for DUI. MVD is especially harsh in these situations as this department follows federal law relating to CDL's. Your CDL will likely be suspended for one (1) year if you have an Admin Per Se or an Implied Consent Suspension. If you are subject to your second Admin Per Se or Implied Consent Suspension, you should lose your CDL for life. The same result applies to convictions for DUI's. In the eyes of MVD, the Admin Per Se and Implied Consent Suspensions are considered convictions for purposes of dealing with your CDL. Even if you were not convicted of the DUI charge, you could lose your CDL for one (1) year or for life depending on the number of Admin Per Se and Implied Consent Suspensions you have.

Quality MVD Representation

Having been a DUI lawyer for nearly 30 years, Mr. Ramos can aggressively and effectively represent you throughout the MVD process in an effort to save your ability to drive in the State of Arizona or to reduce the negative impact upon your privilege to drive. He has the training, experience and knowledge to help you understand your particular situation relating to the MVD portion of your case. When you hire the Ramos Law Firm, you receive peace of mind that Mr. Ramos is protecting your rights and interests in all aspects of your DUI case.

If You've Been Arrested for a DUI in Arizona, Call DUI Lawyer Paul Ramos at (480) 470-2062 for a Free, Confidential Case Evaluation.