Representing Yourself at an Admin Per Se Hearing in Arizona

Nov 28

If you’ve been arrested for a DUI in Arizona, you’ve likely been handed a pink or yellow piece of paper that says your driver’s license will be suspended. The words on that paper can feel overwhelming, especially if you’re planning to face this process alone. But here’s the important thing to know: the suspension isn’t automatic. You have a chance to fight it by requesting an administrative per se hearing. This hearing is your opportunity to defend your driving privileges, and while it might seem daunting to represent yourself, you can navigate this process with preparation and an understanding of what to expect.

The Basics: What is an Admin Per Se Hearing?

An administrative per se hearing is a civil proceeding held by the Arizona Motor Vehicle Division (MVD) that determines whether your driver’s license should be suspended due to a DUI arrest. This hearing is not about determining your guilt or innocence for a DUI—that’s a separate matter handled in criminal court. Instead, the hearing focuses on two main issues:

Whether the officer had reasonable grounds to believe you were driving under the influence.
Whether you refused or failed a chemical test (breath, blood, or urine) that measured your blood alcohol concentration (BAC).

If you refused the chemical test, you’re facing a one-year suspension. If you took the test and your BAC was above the legal limit—0.08% for most drivers, 0.04% for commercial drivers—you’re looking at a 90-day suspension for a first offense. The stakes are high, and the outcome can affect your ability to work, care for your family, and handle daily responsibilities.

Step 1: Requesting the Hearing

The first step is to request the hearing within 30 days of your arrest. If you miss this deadline, your license will be suspended automatically. There are three ways to request a hearing:

Online: Visit the Arizona MVD website and follow their instructions.
By Mail: Complete the request form provided with your notice and mail it to the MVD.
In Person: You can go to an MVD office and request the hearing directly.

Once you’ve submitted the request, the MVD will send you a hearing notice with the date and time. The hearing may be held in person or by telephone, depending on your preference and the circumstances. If you’re representing yourself, make sure you attend. Missing the hearing is almost always a guaranteed loss.

Step 2: Preparing for the Hearing

Preparation is your best weapon. Start by gathering all the documents related to your arrest. This typically includes:

The police report or affidavit provided by the arresting officer.
Any paperwork related to chemical tests you took (breathalyzer results, blood test results).
Your copy of the notice of suspension.

If you didn’t receive the police report, you might be able to request it from the police department or prosecutor’s office. Reviewing these documents helps you understand the officer’s version of events and identify potential weaknesses or inconsistencies in their account.

When you read the police report, focus on key details. Ask yourself:

Why did the officer pull you over? Was it for a legitimate reason, like speeding, or something vague, like “weaving within the lane”?
What signs of impairment did the officer note? Look for generic observations like “red eyes” or “nervous behavior.” These symptoms can have many explanations unrelated to alcohol or drugs.
How was the chemical test conducted? Was there a delay in administering the test? Were there any issues with the testing equipment?

Write down your thoughts, questions, and any points you want to raise during the hearing. The more organized you are, the more confident you’ll feel.

Step 3: Understanding Common Defenses

Even if you’re not an attorney, you can still challenge the suspension by focusing on a few key defenses. Here are some common arguments that unrepresented individuals can raise:

Lack of Reasonable Grounds for the Stop:
The officer needs a valid reason to pull you over, such as a traffic violation or erratic driving. If the reason for the stop is unclear or vague, like “driving suspiciously” or “weaving slightly,” you can argue that this didn’t justify the stop.
Errors in the Chemical Test:
If you took a breath or blood test, the results must be accurate and reliable. If the equipment wasn’t calibrated correctly or there was a delay in testing, you can question the validity of the results. For example, if a breath test was conducted 45 minutes after the stop, your BAC may have risen during that time, making the results unreliable.
Procedural Mistakes:
The officer must follow specific procedures during the stop and arrest. For example, you must be informed of your rights under Arizona’s Implied Consent law, which explains your obligation to submit to testing. If the officer didn’t explain this clearly or made errors in the paperwork, these procedural mistakes can work in your favor.
Officer’s Credibility:
If the officer’s testimony conflicts with the police report or your recollection of events, you can point out these inconsistencies. For instance, if the officer claims you refused the test, but you remember agreeing to it, that could cast doubt on their credibility.

Step 4: What Happens During the Hearing

The hearing itself is relatively straightforward. An MVD officer will act as the judge, and the arresting officer may testify about what happened during your stop and arrest. Here’s what to expect:

The Officer’s Testimony: The officer will explain why they believed you were driving under the influence and how they conducted the chemical test. Listen carefully and take notes.
Cross-Examination: You have the right to ask the officer questions. This is your chance to challenge their observations, highlight inconsistencies, and clarify details. For example, you might ask, “Isn’t it true that red eyes can be caused by allergies?” or “How long did you wait before administering the breath test?”
Presenting Your Case: After the officer testifies, you can present your own evidence and testimony. Be clear, concise, and stick to the facts. If you have witnesses who were with you during the stop, they can also testify on your behalf.

Even if you feel nervous, stay calm and respectful. The hearing officer will appreciate your preparation and professionalism.

Step 5: After the Hearing

The hearing officer may issue a decision immediately, or you might receive it by mail within a few weeks. If the decision goes against you and your license is suspended, don’t lose hope. You may be eligible for a restricted license, which allows you to drive to work, school, or medical appointments. You can also appeal the decision in Superior Court, though this process is more complex and may require legal help.

Should You Consult an Attorney?

While it’s possible to represent yourself, DUI laws are complicated. An experienced attorney can spot defenses you might overlook and handle the cross-examination more effectively. Many attorneys offer free consultations, so even if you plan to go it alone, it might be worth getting professional advice.

Final Thoughts

Facing an administrative per se hearing on your own can feel intimidating, but preparation and knowledge are your best tools. Understand the process, know your rights, and stay organized. Whether you win or lose, showing up prepared and advocating for yourself can make all the difference. Your driving privileges are important—don’t give them up without a fight.