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If you are caught driving with drugs in your system, refuse a chemical test, or have a Blood Alcohol Content of .08 or greater, you can be charged with a DUI in Arizona. The following are answers to questions you may have regarding legal implications and what comes next after being charged with DUI and having your license suspended.

How will I know if my license is suspended?

Anyone accused of a DUI in Arizona is automatically sent a Notice of Administrative Suspension, which they can either accept or challenge. The notice will either be delivered as a “Corrective Action Notice” or as an “Admin Per Se/Implied Consent Affidavit." The accused must reply with a request for a summary review or hearing within 15 days of receipt of the notice—failure to respond waives any right to contest the suspension.

When does the suspension of my driving privileges begin?

The date for the start of your suspension will be listed on either the Admin Per Se/Implied Consent Affidavit or Corrective Action Notice you received. If you request a hearing or review, your suspension can be delayed. In the Admin Per Se/Implied Consent Affidavit case, you either allow the scheduled date to occur or receive a new start date. If you received a Corrective Action Notice, that means you gave permission for a blood draw to determine your BAC. Because it can take up to three months after your arrest to determine your blood test results, delaying a suspension is possible. However, you may be advised to begin your suspension on the date listed, depending on your circumstances.

What happens after I request a hearing within 15 days?

Regardless of the type of notice you received, you will receive an “Automatic Stay Letter” from Arizona Motor Vehicle Services (MVD) 5 to 7 days after a hearing has been requested. This letter will indicate that your suspension is on hold until your hearing. You should keep this letter, along with the original notice you received, with you whenever you are driving in case you need to show it to a police officer. You will then receive a letter within 60 days stating when your hearing will be held. If for any reason, you do not receive a Stay Letter before the start of your suspension, you must call the Executive Hearing Office at 602-712-7737 or MVD at 602-255-0072 so that they can affirm your driving status.

After a hearing date is scheduled, you may request a start date for your suspension for any date within 45 days of the date of the hearing.

How long will my driver’s license be suspended if this is my first DUI?

Driver’s license suspension length varies, but all drivers facing a DUI charge face a mandatory suspension of 90 days. First-time DUI offenders who agreed to the chemical test at the time of arrest can obtain a restricted license for the last 60 days of their suspension if:

• They have a valid state of Arizona driver’s license
• Their license is free of any other pending suspensions
• They have completed an Alcohol Screening within 30 days of their suspension
• A completed alcohol screening certificate has been submitted to the Arizona MVD

An Alcohol Screening is a 15 to 30-minute class comprised of an interview with an alcohol counselor. After asking questions related to your drinking habits, they will recommend either a level 1 or 2 treatment plan.

Those who meet these criteria will be sent a restricted driving permit when the first 30 days of suspension is completed.

What can I do with a Restricted License?

A Restricted License allows you to drive to and from:

• A place of residence
• A secondary or postsecondary school (within the person's employment or education schedule)
• An individual’s residence and a probation officer appointment
• An individual’s residence and scheduled appointments for screening, education, or treatment

It's important to note that these are the only circumstances you will be allowed to drive with a Restricted License.

How long will my driver’s license be suspended if this is my second DUI, Reckless Driving, or Aggravated DUI?

If the charge is for a second DUI within 84 months, the driver faces both a 90-day suspension and license revocation for one year. The one-year revocation also applies to:

• Receiving two Reckless Driving charges, or a combination of DUI and Reckless Driving, within 24 months
• Receiving an Aggravated DUI

Under some circumstances, offenders can apply for a Restricted License after 45 days. A Restricted License, in this case, would include a Special Ignition Interlock Device (SIID). To qualify, an individual can have no pending withdrawal actions on their driving record and must contact the Arizona MVD so eligibility can be verified. You must also provide a “Verification of Installation” certificate after installing your ignition interlock device. All alcohol treatment programs that have been mandatory must have been completed (and proof provided). Future financial responsibility must be submitted to the Arizona MVD, and all applicable fees must be paid in full.

How long will my driver’s license be suspended if I declined a chemical test?

If a driver refused an intoxilyzer breath test or blood draw at the time of arrest, there is a mandatory license suspension of one year. After 90 days, you may apply for a Restricted License. Providing the criteria for eligibility, installation verification, treatment programs, financial responsibility, and fees are met.

How does the passing of Arizona’s Prop 207 affect someone who is undergoing prosecution for marijuana DUI?

Driving while intoxicated in Arizona includes driving under the influence of marijuana. However, intoxication and impairment levels have been highly debated, and the question of what number of metabolites in the system determines impairment remains controversial. Because the National Highway Traffic Safety Administration has declared no agreement and not defined a particular degree of intoxication, DUI defendants may have a better case to make.

How do I get my driver’s license reinstated?

After your suspension is completed, the process of reinstating your license is relatively simple. Individuals can either go online or in-person to a local Arizona MVD to pay the reinstatement fee and fill out the appropriate forms.

However, people whose license was revoked must begin the reinstatement process by calling the MVD office at 602-255-0072 to request an “investigation packet.” The Arizona MVD then confirms that you have satisfied all statutory requirements for reinstatement. Before your driver’s license is reinstated, you must also submit a recent evaluation stating you can safely operate a vehicle from a psychologist, physician, or substance abuse counselor. Once you have filed an SR-22 certificate with the Arizona MVD, they will send you a "Permission to Apply" letter, which means you may go forward with applying for reinstatement.

What if I am an out-of-state driver who received a DUI in Arizona?

If you are licensed anywhere other than the state of Arizona and receive an Arizona DUI, you will be issued an Arizona driver's license number. That is because only the state you are licensed to drive in can add points, suspend, or revoke your license. The state of Arizona also informs your home state, which will most likely honor any actions the state of Arizona takes against you in addition to their own. It’s important to comply with any necessary follow-up in both states to avoid any future problems that may occur in the future. An experienced DUI defense attorney will know what to look for and what the best defenses will be for your case.