The Arizona Department of Transportation (“ADOT”) Motor Vehicle Division (“MVD”) controls who may legally operate a motor vehicle in the State of Arizona. They hold the power to suspend a driver’s license and assess if a citizen of the State of Arizona is fit to drive.
Your privilege to drive in Arizona can be affected in a number of ways. The two most common situations are:
In Arizona, all traffic violations, both civil and criminal, have a number of “points” assigned to them. In theory, the more serious the violation, the more “points” are assigned to the violation. For instance, a DUI in Arizona is assigned eight (8) points while Failing to Drive in a Single Lane is a two (2) point violation. If you accumulate too many points over a certain time period, the MVD can suspend your driver’s license and therefore your privilege to drive in Arizona.
If you are accused of a DUI in Arizona, the law enforcement officer will likely serve you with an Admin Per Se / Implied Consent Affidavit (“APS”). You should receive a pink and a yellow copy of this document. This document becomes evidence of your privilege to drive in Arizona for the next fifteen (15) days and will serve as your temporary driver’s license.
If you do not request a hearing with the Arizona MVD Executive Hearing Office, your privilege to drive will be suspended for a period of 90 days. If this is your first offense, you may be eligible for a “To / From Work Permit” for the last sixty (60) of the ninety (90) day suspension period. If it is not your first DUI offense within the last seven (7) years, you will not be eligible for the Permit.
If you request a License Suspension Hearing in Arizona in a timely manner, any suspension will be stayed until the MVD Executive Hearing Office sets a hearing and that hearing is conducted by an Administrative Law Judge (“ALJ”).
It is imperative that you consult with the Arizona MVD hearing lawyer at Gallagher & Kennedy if you are facing a license suspension for a points violation or any major traffic violation – like DUI. Call us at (602) 510-9999.
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