When Does a Person Get a Hearing Regarding a License Suspension

In the context of a DUI case, there are two common scenarios when a motorist will receive an order of suspension for their driver's license:

  1. After they refuse to take a chemical test pursuant to A.R.S. 28-1321(D)(2); and
  2. After a test result of .08 or greater pursuant to A.R.S. 28-1385(A).

The Motor Vehicle Division of the Department of Transportation permits a person a hearing prior to the suspension.  The hearing request can be made by mail, facsimile or email.  The request for the hearing must be received by the department within 15 days after the notice.  A timely request stays the suspension until at least the time of the hearing.

The hearing is a civil proceeding.  The burden of proof for the government is only a preponderance of evidence, as opposed to the criminal standard of beyond reasonable doubt.  The Arizona Rules of Evidence do not apply to the hearing.  For example "reliable hearsay" evidence is admissible during the hearing.