Your Driver License After a DUI Arrest in Arizona

After a DUI arrest in Arizona, your driving privilege is decided in a separate process from the criminal case. It is run by the Motor Vehicle Division under A.R.S. 28-1385, the administrative per se statute. The deadlines are short and do not wait for the court date, so this is often the first decision a defense lawyer will help you make.

When does the license process start?

It starts when you are arrested for DUI or a related offense and a test shows an alcohol concentration of 0.08 or more, 0.04 or more in a commercial vehicle or while driving for hire, or certain drugs without a valid prescription, or when the results are not yet available. The officer must send a certified report to MVD within 30 days of the arrest.

The order of suspension

The officer either serves you with an order of suspension on the spot or tells you that MVD will notify you in writing. An order served by the officer takes effect 30 days after it is served. You must surrender your Arizona license, and if it was valid the officer issues a temporary driving permit valid for 30 days. If MVD notifies you by mail instead, its notice says the suspension begins 30 days after the date of the notice.

The deadline to challenge it

You may request a hearing or a summary review in writing or online. According to the statute, the request must be received by MVD within 30 days after the date of the notice, or the order of suspension becomes final. A timely request for a hearing puts the suspension on hold until the hearing is held, although MVD keeps any surrendered license and may issue temporary permits.

Option	How it works
Hearing	An administrative hearing limited to specific issues; stays the suspension until held
Summary review	A written review of the officer’s reports and your written explanation; no hearing; can be requested any time before the order takes effect
No request	The suspension becomes final

What the hearing can decide

The statute limits the hearing to whether the officer had reasonable grounds to believe you were driving or in control while under the influence, whether you were arrested, whether a test showed a qualifying result, whether the testing method was valid and reliable, and whether the results were accurately evaluated. It is not a trial of the whole case. If the suspension is not upheld, that ruling has no effect on the criminal case.

How long is the suspension?

The standard suspension is at least 90 consecutive days, and reinstatement requires completing alcohol or other drug screening. For many first-time cases the statute provides a shorter path: at least 30 days of suspension followed by at least 60 days of restricted driving, if you did not cause death or serious injury, have no DUI conviction within 84 months and complete the screening MVD orders.

The special interlock license

If you meet those same conditions, you may instead ask MVD for a special ignition interlock restricted driver license. Taking it has a cost: the statute says a person who receives it agrees to the suspension and gives up the right to an administrative hearing. Discuss this trade-off with your lawyer before applying.

How this fits with the court case

The license case and the criminal case are independent. A conviction in court brings further MVD consequences, such as the ignition interlock requirement described in Arrested for DUI in Arizona: What the Law Says and What to Do, even if you already served an administrative suspension.

Out-of-state and unlicensed drivers

The statute applies to nonresidents’ privilege to drive in Arizona as well. If MVD suspends a nonresident’s privilege, it informs the licensing agency of the person’s home state and any state where they hold a license. For an Arizona resident without a valid license, MVD denies issuing one for at least 90 days instead of suspending it. Either situation is worth raising with a lawyer, because the effects can reach beyond Arizona.

Screening is required either way

Whichever path you take, MVD can reinstate your driving privilege after a suspension only if you complete alcohol or other drug screening, and the order of suspension includes information on approved education and treatment programs. Booking the screening early avoids a gap between the end of the suspension and the day you can drive again.

Mistakes to avoid

• Waiting for the court date before dealing with MVD.
• Assuming the temporary permit lasts until the case ends.
• Applying for the interlock license without understanding that it waives the hearing.
• Forgetting to update your address with MVD, so notices do not reach you.