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When you’re facing a DUI charge in Arizona, it can be easy to worry about what comes next. One of the most common questions defendants wonder after being arrested is, “What happens to your driver’s license after an Arizona DUI?” Because DUIs are prosecuted harshly throughout the state, it’s important to understand local impaired driving laws in Arizona and the potential penalties of a conviction.
When you are arrested for a suspected DUI in Arizona, you will be involved in both criminal proceedings and separate hearings conducted by Arizona’s Motor Vehicle Division (MVD). These hearings determine your charge’s impact on your driving privileges and may result in your license being suspended or revoked. If you do not have a license, you may be disqualified from attaining one.
Driving under the influence (DUI) is a widespread issue across the state. In 2024, there were 24,599 DUI arrests in Arizona alone. It’s important that all Arizona residents facing DUI charges understand the differences between a license suspension and revocation:
When you are charged with a DUI in Arizona, you have 15 days to request a hearing with the MVD. During this period, you may be given a temporary permit to drive. It’s crucial to note that if you do not take the steps to request a hearing with the MVD, your license will be automatically suspended after 15 days. An experienced Flagstaff, AZ DUI attorney can help make sure that you meet all important deadlines for hearings.
During an MVD hearing, the police officer who arrested you can provide their testimony and present the results of any chemical tests administered. Your Arizona DUI Attorney can defend you, identifying weaknesses in the evidence against you. This may involve arguing that the chemical test was misadministered, the field sobriety testing was unreliable, or failing a field sobriety test was a result of another condition, such as fatigue or a medical condition.
Depending on your offense, you may lose your license for a minimum of:
In Arizona, refusing a chemical test can result in a one-year suspension for the first offense, and 24 months for any following offenses. This additional penalty is because Arizona has an Implied Consent Law, which requires drivers to submit to chemical testing if they are arrested for a DUI. If they do not submit to testing, their license may be automatically suspended.
An Arizona DUI attorney from The Kaiser Law Group can represent you during your DUI administrative hearing and work to mitigate the impact of a DUI on your freedom. By scrutinizing evidence used against you, evaluating police conduct, and interpreting the DUI laws, we can pursue outcomes that protect your future and your driving rights. We can also help you meet all important deadlines for requesting hearings and other important proceedings.
Yes, your license can still be suspended if your DUI case is dismissed in Arizona. The administrative license suspension process is separate from your criminal case and relies on BAC or drug testing rather than the outcome of a criminal court case. If your BAC was higher than 0.08%, you will likely lose your license, even if your case was dismissed. If you hire a DUI lawyer, they can pursue a favorable outcome for your license and court case.
In Arizona, even a first-time DUI offense can have severe consequences. The penalties may include a minimum of 10 days in jail, a fine of at least $250, installation of an ignition interlock device, community service, and completion of an alcohol or drug treatment or education program. Aggravating factors, such as a BAC above 0.15% or a child under 15 in the vehicle, can lead to increased penalties.
The procedure for reinstating your license after a DUI depends on whether your license was suspended or revoked. Generally, the process includes completing all court-ordered treatment or education programs, installation of an IID, obtaining SR-22 insurance, and applying for reinstatement through the Arizona MVD. You cannot apply for reinstatement before your suspension or revocation period is completed.
A restricted driver permit is a driving permit that allows for more freedoms than a full license suspension. A restricted permit must be applied for through the MVD. The restricted driving privileges can begin after a minimum of 30 days of your original suspension period have been served. These privileges permit you to drive to and from work, school, or an Arizona treatment center.
With over 35 years of experience, The Kaiser Law Group has helped countless individuals defend themselves against DUI charges and administrative license suspension. Our team works relentlessly to build a strong legal strategy tailored to each client who walks through our doors. If you are facing DUI charges in Arizona, contact us today for trusted support throughout the criminal and administrative processes.
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