Driver's Licenses & DUI

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

If you win the hearing + no conviction, then there is no suspension.

If you win the hearing + later convicted, then there is no administrative suspension if you win a hearing at the MVD, but if you are later convicted of DUI in the criminal court then that will result in:

• A 90-day suspension. 
• You will also be required to obtain SR22 insurance. 

If you lose the hearing + convicted then that will result in:

• A 90-day admin per se suspension.
• After the first 30 days, a restricted driving permit is available.
• No SR22 required.
• No additional suspension after conviction for first offenses.

Implied Consent Challenges

If you win the hearing + no conviction, then there is no suspension.

If you win the hearing + later convicted, then there is no administrative suspension if you win a hearing at the MVD, but if you are later convicted of DUI in the criminal court then that will result in:

• A 90-day suspension.
• You will also be required to obtain SR22 insurance. 

If you lose the hearing + convicted

• 1-year license suspension
• After the 90-days, a restricted driving permit is available with an ignition interlock.
• SR22 required.
• A conviction also triggers an additional interlock requirement.

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 Survival School (TSS)

Being convicted of most traffic offenses results in points being assigned to your driver’s license by the MVD.  Before an accumulation of points results in a suspension, you may be able to maintain your license by going to Traffic Survival School.  This is not the same defense driving school people attend when they get a speeding ticket.

When you reach 8 points (buy have not exceeded 12 points) within 12 months, your license will be suspended unless you successfully complete TSS.   However, you can only attend TSS once every two years.

TSS also:

• Is required if you are convicted of the crimes of Aggressive Driving, a Moving Violation Resulting in Serious Physical Injury or Death.
• Is required for a red-light violation. 
• May be required for the first moving violation of a driver under 18 years old.

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 8: 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:

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:

1. No DUI within the last 7 years (84 months).
2. The violation was not an extreme DUI.
3. There was no accident involved.
4. You completed at least 16 hours of substance abuse education.
5. There were no violations during the first 6 months.
6. It has been at least 6 months since your reinstatement date.

Only violations occurring after January 1, 2012 are eligible for deferments.