What is a Motor Vehicle Department Hearing
A Motor Vehicle Department hearing usually occur before any criminal trial.
The rules of evidence that normally apply at a criminal trial do not apply at these hearings.
This is an administrative hearing and the driver has the right to be represented by legal counsel during the proceeding.
In a non-refusal case where the driver completed the chemical test(s), the state must prove by a preponderance of the evidence:
- A law enforcement officer had reasonable grounds to believe that you had violated A.R.S. §28-1381, §28-1382, §28-1383 or §4-244(33);
- Whether you were placed under arrest;
- Whether a test indicated an alcohol concentration of 0.08 or more (0.04 or more in a commercial vehicle) at the time the test as administered; and
- Whether the testing method was valid and reliable and whether the results were accurately evaluated.
- Whether or not the officer had reasonable grounds to believe that the person charged was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs;
- That the person was placed under arrest;
- That the person refused to submit to the test; and
- That the person was informed of the consequences of refusal.