Understanding the Arizona DUI Process
Important: Two Separate DUI Processes MVD and Criminal Court
A DUI in Arizona involves TWO systems:
MVD Administrative: handles license suspension
Criminal Court: handles penalties and convictions
Understanding the Arizona DUI Process
FIRST DUI
SECOND DUI
What Happens After a DUI Arrest in Arizona?
Immediate Actions (First 15 Days)
Your driver's license is confiscated, and you receive a 15-day temporary driving permit.
DMV Administrative Process
You have 15 days from arrest to request an MVD hearing to challenge your suspension.
Criminal Court Process
• Arraignment (plea entry)
• Pre-trial motions
• Plea bargaining or trial
• Sentencing if convicted
Need Help Navigating Your DUI Case?
Personalized Reinstatement Plan
Get a custom step-by-step roadmap for DMV, court, SR-22, IID, and DUI class requirements.
Same-Day SR-22 Filing
We assist in submitting your SR-22 electronically with 99.9% California DMV acceptance.
DMV Hearing Deadline Support
We help you request your hearing before the 10-day deadline so you don’t lose your license automatically.
Discounted Partner Network
Members receive savings on DUI classes, IID installation, attorneys, and insurance.
30 Min Free Legal Consultation
Connect instantly with trusted DUI attorneys for legal support and case review.
24/7 Member Portal Tracking
Track reinstatement steps, upload documents, and monitor your SR-22 status anytime.
Bilingual Support (English / Español)
Our team offers friendly bilingual support for every step of the process.
100% Compliance Reminders
Never miss a deadline with automated notifications for classes, fees, DMV hearings, and SR-22 renewals.
🚨 URGENT: Only 10 Days to Act!
A MVD Administrative Per Se (APS) hearing is your opportunity to challenge the automatic license suspension that comes with a DUI arrest. This is separate from your criminal court case and focuses solely on whether your driving privileges should be suspended.
Online Request
Website: https://azdot.gov/mvd/executive-hearing/requesting-hearing
Create an account and submit your hearing request electronically with required documents.
Mail or Fax
Mail: MVD Driver Safety Office
Fax: Check your pink slip for local office fax number
Must be postmarked within 10 days
1
Hearing Scheduled
MVD schedules your hearing (usually 4-8 weeks out) and sends you notice with date, time, and location
2
Evidence Review
Hearing officer reviews police reports, BAC results, and arrest procedures for legal compliance
3
Your Defense
You (or your attorney) can present evidence, cross-examine witnesses, and challenge the arrest
4
Decision
Hearing officer decides to uphold or set aside the suspension. Decision mailed within 5 days
Improper Stop
Officer lacked reasonable suspicion to pull you over
Rising BAC
Your BAC was under 0.08% while driving but rose later
Testing Errors
Breathalyzer malfunction or improper calibration
Medical Conditions
Health issues that affected BAC test results
Procedural Violations
Police failed to follow proper arrest procedures
Chain of Custody
Problems with blood sample handling or storage
✅ Hearing Won (Set Aside)
✓ No license suspension
✓ Keep full driving privileges
✓ No SR-22 requirement from DMV
✓ Temporary license extended
❌ Hearing Lost (Sustained)
✓ License suspended as scheduled
✓ Must complete suspension period
✓ SR-22 required for reinstatement
✓ May be eligible for restricted license
📅 No Hearing Requested
✓ Automatic suspension (no appeal)
✓ Suspension starts 30 days after arrest
✓ No opportunity to challenge
✓ Must serve full suspension period
1. Legal Arrest
✓ Officer had reasonable suspicion to stop
✓ Probable cause for DUI arrest
✓ Proper arrest procedures followed
2. BAC Over Legal Limit
✓ BAC 0.08% or higher (0.04% CDL)
✓ Test taken within 3 hours of driving
✓ Proper testing procedures used
3. You Were Driving
✓ You were operating the vehicle
✓ On a public road or highway
✓ Officer witnessed or has evidence
4. Proper Advisement
✓ Informed of consequences of refusal
✓ Given choice of breath or blood test
✓ Proper admonishment given
