Phoenix DUI Lawyers

September 3, 2010

MVD Process: The AZ Point System


A driver who accumulates too many "points" can be suspended by the Motor Vehicle Department (MVD)." A driver has only 15 days after the date of the order of assignment or suspension to request an MVD hearing.

The MVD totals points accumulated within a "twelve-month period" and a "thirty-six month period," respectively, from the date of the most recent traffic violation the driver was convicted for. Some examples of point assignments by the MVD include:

Offense Points
DUI - A.R.S. 28-1381(A)(1) 8
Extreme DWI - A.R.S. 28-1382 8
DWI - A.R.S. 28-1381(A)(2) 8
Reckless Driving - A.R.S. 28-693 8
Racing on Highway - A.R.S. 28-708 8
Aggressive Driving - A.R.S. 28-695 8
Leaving the Scene of an Accident - A.R.S. § 28-662, 663, 664, or 665 6
Failure to Stop for a Traffic Signal, Stop Sign or to Yield the Right-of-Way, Causing Death - A.R.S. 28-672 6
Failure to Stop for a Traffic Signal, Stop Sign or to Yield the Right-of-Way, Causing Serious Injury - A.R.S. 28-672 4
Speeding - A.R.S. 28-701 3
Gore Area Violations - A.R.S. 28-644 3
Any other moving traffic violation 2



If within a 12-month period a driver accumulates 8 to 12 points, the MVD, in its discretion, may suspend a driver for three months. But, if the driver has not attended Traffic Survival School ("TSS") within the past 24 months, the MVD will likely assign the driver to complete TSS in lieu of suspending his/her license. If a driver accumulates 13 to 17 points during a 12 month period, the MVD will suspend a driver for three months. If a driver accumulates 18 to 23 points during a 12 month period, the MVD will suspend a driver for six months.

A DUI conviction will result in the MVD assessing 8 points. If the driver has not completed TSS within the past 24 months, the MVD will allow the driver to complete TSS and not suffer a points suspension. However, any additional point assessments in the following 12 months will, at a minimum, lead to a three month suspension.

If within a 36-month period a driver accumulates 24 points, the MVD will suspend a driver for one year. There is no restricted permit available to drivers with points-based suspensions.

REINSTATEMENT OF DRIVING PRIVILEDGES FOLLOWING SUSPENSION

It is important to remember, driving privileges are not automatically reinstated following a period of suspension. The driver must pay a fee to have his/her privileges reinstated, otherwise his/her privileges to drive are still considered suspended.

REINSTATEMENT OF DRIVING PRIVILEDGES FOLLOWING REVOCATION

Reinstatement of privileges following a revocation is much more difficult than reinstatement of privileges following a suspension. Reinstatement requires an investigation of the driver's character and driving abilities, as well as a written evaluation from a physician, psychologist or certified substance abuse counselor stating that the person is able to safely operate a motor vehicle.

AZ DUI Law Firm
2942 N. 24th Street
Suite 114
Phoenix, Arizona 85016
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