Motor Vehicle Department Hearing

(Last Updated On: October 22, 2018)

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.
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