DRIVER'S LICENSES & DUI
Suspended, Revoked, Cancelled & Restricted Driver's Licenses
Your Driver's License After a Phoenix DUI
UNDERSTANDING WHAT HAPPENS AFTER A DUI ARREST in Phoenix and scottsdale, AZ
Being arrested for DUI is traumatic. Some of the obvious things that keep you up at night are the fear of going to jail and concerns about your career. Then, as you start to gather information about what happens after being arrested, you discover there are some lesser-known issues that also give a pit in your stomach: what happens to your driver’s license?
Before you freak out about a driver’s license suspension let’s get you the facts. While the Arizona Motor Vehicle Division (MVD) can be a tricky thing to navigate – it can be done. There are usually ways to get you through the hurdles they put in your way.
The internet is full of misinformation about how Arizona’s MVD works and what happens to driver’s license when arrested for DUI. Here is the definitive guide to help you understand driver’s license suspensions resulting from a DUI and how to get things fixed.
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Your Two Cases
A DUI arrest in Arizona triggers two separate cases. One is in a criminal court where you face a DUI case. The other is an admirative case with the Arizona MVD. This is where your initial driver’s license suspension originates. This case will likely resolve well before your criminal charges.
The outcome of your administrative case (i.e. whether you get a suspension or not) has no legal effect on your criminal case. However, in some circumstances, the outcome of your criminal case could potentially possible add on an additional loss of your driver’s license.
With this all in mind, let’s go through the 8 essential steps required to understand and fix what happens to your driver’s license after a DUI arrest.
The 8 Step Analysis
Your Arizona Driver’s License Suspension and DUI
BEFORE A CONVICTION
STEP 1
GETTING ARRESTED FOR DUI
An Arizona DUI arrest triggers a driver's license suspension (or if you’re an out-of-state visitor, your privilege to drive in Arizona).
This is true even without being convicted of a DUI.
STEP 2
CONSENTING OR REFUSING A TEST
Usually, within minutes after being arrested for DUI, the officer will ask you to make a choice. Your answer will have a significant impact on your ability to drive.​
Your choice is either:
Consent: Admin Per Se
You can consent to provide a breath, blood, urine sample or refuse. If you consent and the results show an alcohol concentration of at least .08, then a 90-day suspension is triggered.
A suspension as a result of consenting to the test (and evidence showing you were over the legal limit) is called an admin per se suspension.
Refuse: Implied Consent
You can refuse the officer’s request. This choice triggers a 1-year driver’s license suspension. It’s important to know that refusing the officer’s request is unlikely to have an upside. Telephonic warrants are widely available in Arizona (usually within 20 minutes). Thus, refusing often results in a forcible blood draw, plus the 1-year suspension.
A suspension based upon a refusal to take a test is called an implied consent suspension.
STEP 3
CHALLENGING OR SUBMITTING TO A DRIVER'S LICENSE SUSPENSION
Once an officer issues you a driver's license suspension the next choice you face is: challenge it or let it go into effect. This is true, regardless of, whether it’s an admin per se or implied consent suspension.
If you do nothing, then the suspension will go into effect 15-days from the time the suspension was issued. Challenging a suspension involves:
The Deadline
There is a hard deadline for requesting a hearing. You must request the hearing within 15-days from the date it is issued.
Effect of Request
Requesting a hearing stays (i.e. stops) the suspension from going into effect.
Narrow Scope
Hearings with Arizona MVD are civil proceedings. This means that you cannot challenge a constitutional issue like an unlawful traffic stop. A hearing to challenge an alleged implied consent suspension, because you refused an officer's request for blood or breath, has a broader scope than an admin per se challenge. Also, as a matter of law, there are more potential defenses.
Admin Per Se Challenges
Implied Consent Challenges
STEP 4
OBTAINING A RESTRICTED PERMIT
If the suspension goes into effect (either because you did not challenge or your challenge was unsuccessful) then you may be able to obtain a restricted driving permit. This permit will allow you to drive to places such as work, school, or the doctor.
For first time cases, the restricted permit timelines are:
Admin Per Se | Restricted License
A restricted permit is eligible after 30 days. Restricted driving is permitted for the remaining 60 days.
To illustrate: 30 days after the start of an admin per se suspension (which lasts 90-days) you become eligible for a restricted permit. A restricted permit requires completing an alcohol/drug screening with a certified vendor. At this point, you are only required to do the screening – not any treatment.
Be aware: At this point, you are only required to do the screening – not any treatment. You should only have to do treatment/education if you are later convicted of a DUI. The screening process may not be what you think.
- There is no peeing in a cup.
- It is merely answering questions.
- Most screenings last around 30 minutes.
After the screening is done, proof of completion is electronically transmitted to MVD. Now you have done what is necessary to make you eligible the restricted license. At this point, call or go to MVD. Confirm that they have, or will be, issuing the restricted license. Here is a link to a list of screening facilities that are certified by the Arizona MVD:
Screening, Treatment and Education Facilities
Implied Consent | Restricted License
A restricted permit is eligible after 90 days. Restricted driving (with an interlock device) is permitted for the remaining 9 months.
AFTER A CONVICTION
Unfortunately, after completing an admin per se or implied consent suspension the consequences to your driver’s license are likely not finished.
STEP 6
POINTS SUSPENSION
In most instances, people like getting points for something. However, when it comes to your driver’s license points are a bad thing. It’s like getting a demerit. Get enough of them and your driver’s license will be suspended.
| Traffic Offense | Number of Points |
|---|---|
| DUI, or Extreme, or Super-Extreme | 8 |
| Reckless Driving & Aggressive Driving | 8 |
| Leaving the Scene of an Accident | 6 |
| Offenses Resulting in an Accident that Causes Death | 6 |
| Offenses Resulting in an Accident that Serious Injury | 4 |
| Speeding | 3 |
| Gore Point Violations | 2 |
| All Other Moving Violations | 2 |
Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty-four months:
STEP 7
PRIOR VIOLATION PROBLEMS
A prior offense can sometimes result in a driver’s license revocation. A revocation is the complete removal of your privilege to drive. Unlike a suspension, after your revocation period has ended, your driving privilege will remain revoked.
There is a process to regaining your privilege to drive which includes an investigation by MVD and lots of paperwork. First-time misdemeanor DUI offenses DO NOT result in revocations.
In Arizona, your driving privilege will be revoked if you are convicted of two of the following “serious” moving violations within seven (7) years:
- Any type of DUI.
- Reckless Driving.
- Racing on the highways.
A revocation will also be triggered by any combination of this offense within seven (7) years. But there is a little good news.... More recently, Arizona changed the law to allow a restricted permit. For second-time DUI offenses (and for aggravated DUI violations) you may a “special ignition interlock restricted driver license.”
If granted, after forty-five days of the revocation period, you drive to places such as work, school and the doctor with an interlock in your car. See A.R.S 28-1381(O), A.R.S 28-1401.
STEP 7
INTERLOCKS
An interlock is a breath-testing device that is installed in your car. It must be installed by a certified vendor to count towards your required term. There are different kinds of interlocks. For the most part, interlocks only required as a result of a conviction for a DUI.
When Is It Required?
There is more than one type of ignition interlock restriction under Arizona law. The most common is a called a Certified Ignition Interlock. It results from, and is required, after a DUI conviction.
Here the statutory required time periods resulting from different types of DUI convictions:
| Type of DUI | Required Time |
|---|---|
| First time DUI Offense* | 1 Year |
| Extreme DUI | 1 Year |
| Super-Extreme DUI | 1.5 Years |
| Aggravated DUI | 1 Year |
| 2nd Standard DUI | 1 Year |
| 2nd Extreme DUI | 1 Year |
| 2nd Super-Extreme DUI | 2 Years |
A Six Month Reduction?
First time DUI convictions result in a interlock requirement of one-year. However, a person may be eligible to have the term reduced to 6 months (a “deferment”). The requirements for deferment eligibility are:
- No DUI within the last 7 years (84 months).
- The violation was not an extreme DUI.
- There was no accident involved.
- You completed at least 16 hours of substance abuse education.
- There were no violations during the first 6 months.
- It has been at least 6 months since your reinstatement date.
Only violations occurring after January 1, 2012 are eligible for deferments.
Reinstating Your Phoenix, Arizona License Before Installation
Prior to installing a Certified Ignition Interlock you must have a valid driver’s license. That is, you must reinstate your license if you want it to count towards the amount of time you are required to have the interlock in your car. That is not to say, the interlock company will refuse to install a device if you ask them. On the contrary, they will be more than happy to take your money and put one in your vehicle. However, Arizona MVD will not count any of that time towards your required term.
Must Reinstate License Before Installing Certified Interlock Device
Revocations & Interlocks
This gets really confusing. Stick with it me and I will get you through it.
A driver’s license suspension is a temporary loss of your driving privileges. However, a revocation is termination of your driving privileges. Revocations usually result from felony DUI convictions or multiple DUI offenses. Once a revocation ends your driver’s license will remain revoked until you go through a process and are approved by MVD.
For certain offenses that trigger a revocation, Arizona law allows for a restricted driving permit during the revocation period with an interlock device.
Offenses That Trigger A Revocation
A.R.S. 28-3304 states that “the department shall immediately revoke the license of a driver on receipt of a record of the driver’s conviction of any of the following offenses if the conviction is final:”
- A homicide or aggravated assault resulting from the operation of a motor vehicle.
- A felony in the commission of which a motor vehicle is used.
- Theft of a motor vehicle pursuant to section 13-1802.
- Unlawful use of means of transportation pursuant to section 13-1803.
- Theft of means of transportation pursuant to section 13-1814.
- Drive-by shooting pursuant to section 13-1209.
- Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
- Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty-four months:
- Reckless driving
- Racing on highways
- Any combination of a violation of section 28-1381 or 28-1382 and reckless driving, of a violation of section 28-1381 or 28-1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.
- Conviction of a second charge of violating section 28-1381 (DUI) or 28-1382 (Extreme DUI) within eighty-four months.
- Conviction of a second charge of violating section 28-1381 (DUI) or 28-1382 (Extreme DUI) within eighty-four months.
- Conviction of a third or subsequent charge of violating section 28-1381 (DUI) or 28-1382 within eighty-four months.
- Conviction of violating section 28-1381 (DUI) or 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28-1381 (DUI) or 28-1382.
In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 9, 10, 11 and 12 of this section, the department shall use the date of the commission of the offense.
Special Ignition Interlock Restricted Driver License
For suspensions resulting from an implied consent suspension or revocations resulting from certain DUI offenses Arizona allows a restricted driving permit with an interlock – a Special Ignition Interlock Driver’s License (SIIRDL). Keep in mind this is separate and distinct from a certified ignition interlock the normally follows DUI conviction. A SIIRDL is voluntary. If you simply wait to drive until you are able to reinstate your driver’s license there is no requirement to obtain a SIIRDL and install this type of interlock.
Overlapping Interlock Requirements
Choosing to obtain a SIIRDL during a suspension or revocation will not count towards any subsequent Ignition Interlock requirement.
Implied Consent Example
12 Month Suspension
Day 1 – Day 90
No Driving
Day 91 – Day 365
Driving with SIIRDL
Then...After A DUI Conviction
Day 1 – Day 90
No Driving
Day 91 – Day 365
Driving with SIIRDL
Reinstate
(MVD gives NO CREDIT for the time you installed an interlock with the SIIRDL)
Certified Ignition Interlock
1-2 years
DUI Driver's License FAQS
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