How Arizona suspends your license after a DUI arrest
Arizona suspends your driver's license in two separate ways after a DUI arrest: once through the Department of Motor Vehicles (DMV) and again through the criminal court system. The DMV suspension happens automatically and fast — it begins 15 days after your arrest unless you request a hearing. The court suspension comes later, after conviction or a plea agreement, and typically lasts longer.
The DMV suspension is not optional. When you are arrested for DUI in Arizona, the officer takes your physical license on the spot and gives you a temporary permit valid for 15 days. During those 15 days, you have the right to request an administrative hearing to challenge the suspension. If you do not request a hearing, or if you request one and lose, the suspension takes effect automatically on day 16.
The length of the DMV suspension depends on your history and the circumstances of the arrest. A first DUI offense results in a 90-day suspension. A second DUI within seven years results in a one-year suspension. A third or subsequent DUI within seven years results in a three-year suspension. If your blood alcohol content (BAC) was 0.15 or higher, or if you refused the breath or blood test, the suspension period is doubled.
Key Takeaways
- Arizona suspends your license twice: once through the DMV (15 days after arrest) and once through the criminal court (after conviction or plea).
- You have 15 days from arrest to request an administrative hearing to challenge the DMV suspension, and this is your only chance to contest it before it takes effect.
- DMV suspension lengths range from 90 days for a first offense to three years for a third offense within seven years, and are doubled if your BAC was 0.15 or higher or you refused testing.
- After court conviction, you face an additional criminal suspension that typically lasts one to three years depending on offense history and whether you caused injury or property damage.
- You may be able to drive with an ignition interlock device during part of your suspension period, but only after meeting specific requirements and paying installation and monitoring fees.
The 15-day window to request a DMV hearing
The 15-day period after your arrest is critical. This is your only opportunity to challenge the DMV suspension before it becomes automatic. To request a hearing, you must contact the Arizona DMV in writing or by phone within those 15 days. The DMV will schedule an administrative hearing, usually held within 30 to 60 days of your request.
At the administrative hearing, a DMV hearing officer will review whether the officer had reasonable grounds to believe you were driving under the influence and whether you were lawfully arrested. The hearing officer will also consider whether you refused the breath or blood test. You can attend the hearing in person, bring witnesses, and present evidence. Many people hire a DUI attorney to represent them at this hearing because the outcome directly affects when your suspension begins.
If you win the hearing, the DMV suspension is cancelled and your license is returned. If you lose, the suspension takes effect when ready. If you do not request a hearing at all, the suspension begins on day 16 after your arrest with no further opportunity to contest it through the DMV.
Criminal court suspension after conviction or plea
Separate from the DMV suspension, the criminal court imposes its own license suspension after you are convicted of DUI or enter a plea agreement. This suspension is mandatory and cannot be avoided through a hearing. The court suspension typically begins either when ready after conviction or on a date the judge specifies.
For a first DUI conviction, the court suspension is usually one year. For a second DUI within seven years, it is typically three years. For a third or subsequent DUI within seven years, it is typically five years. If your DUI involved injury to another person, the court may impose a longer suspension — up to ten years or more. If you caused property damage or had a minor in the vehicle, the court may also extend the suspension period.
The court suspension runs separately from the DMV suspension. This means you may face a 90-day DMV suspension followed by a one-year court suspension, for a total of roughly 15 months without a license. Some of this time may overlap if the court suspension begins before the DMV suspension ends, but the suspensions do not cancel each other out.
Ignition interlock device as an alternative to full suspension
Arizona law allows you to reduce the length of your suspension by installing an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer connected to your car's ignition system. Before the engine starts, you must blow into the device. If your BAC is above a set limit (usually 0.02), the car will not start. You must use the IID for a portion of your suspension period, and you pay all installation, calibration, and monitoring fees yourself.
For a first DUI, you may be able to use an IID for the final 60 days of your one-year court suspension, reducing the period you cannot drive at all to roughly nine months. For a second or subsequent DUI, the IID option may not be available, or the terms may be more restrictive. The DMV suspension typically cannot be reduced with an IID — you must serve the full DMV suspension before you are may be able to access to drive again, even with an IID.
To use an IID, you must request it from the court and meet certain conditions. You must have a valid reason to drive (work, school, medical appointments), you must maintain a clean driving record during the IID period, and you must pay all device fees. If you fail an IID test or miss a scheduled calibration appointment, the court can revoke the IID privilege and extend your full suspension.
Restricted license options during suspension
Arizona does not automatically grant a restricted license that allows you to drive to work or school during a DUI suspension. However, you can petition the court for a restricted driver's license after serving a portion of your suspension. The specific timing and conditions depend on whether this is your first offense and whether you caused injury.
For a first DUI with no injury, you may be able to petition for a restricted license after serving 30 days of your court suspension. The restricted license typically allows you to drive only to and from work, school, medical appointments, or court-ordered programs like DUI education. You cannot use it for personal errands or social activities. The court will impose specific conditions, such as requiring proof of enrollment in a DUI education program or proof of employment.
To request a restricted license, you must file a petition with the criminal court that handled your DUI case. You will need to show the judge that you have a legitimate need to drive and that you are complying with all other court orders. The judge has discretion to grant or deny the petition. If granted, the restricted license remains in effect only for the duration specified by the court.
What happens when your suspension ends
When your suspension period ends, your license does not automatically return. You must take action to restore it. First, you must pay a license reinstatement fee to the Arizona DMV. This fee is separate from any fines or restitution ordered by the court. The reinstatement fee for a DUI suspension is typically several hundred dollars, though the exact amount varies depending on the number of prior offenses.
Second, you must provide proof that you have completed any court-ordered programs. For most DUI convictions in Arizona, the court requires completion of a DUI education program (usually a 12-hour or 16-hour course) and sometimes a substance abuse assessment. You cannot reinstate your license until you submit proof of completion to the DMV.
Third, if you were required to use an ignition interlock device, you must provide proof that you completed the full IID period without violations. Once you have paid the reinstatement fee, submitted proof of program completion, and met all other conditions, the DMV will issue you a new license. This process typically takes one to two weeks.
Driving with a suspended license in Arizona
Driving with a suspended license in Arizona is a separate criminal offense. If you are caught driving during your DUI suspension, you face additional charges beyond the original DUI. A first offense of driving with a suspended license is typically a class 3 misdemeanor, which can result in jail time, fines, and an extended suspension.
If you are stopped by police and your license is suspended due to a DUI, the officer will likely arrest you. You will face new criminal charges in addition to your existing DUI case. The court may extend your suspension period, increase your fines, or impose jail time. A second or subsequent driving-with-suspended-license offense carries harsher penalties.
Some people believe they can drive with a suspended license if they have an ignition interlock device installed, but this is not true. You can only drive with an IID if the court has specifically authorized it as part of your sentence. Driving with a suspended license at any other time is illegal, regardless of whether you have an IID in your vehicle.
Frequently Asked Questions
Can I drive at all during my DUI suspension?
Not unless the court grants you a restricted license or authorizes an ignition interlock device. A restricted license allows driving only to specific places like work or school. An ignition interlock device allows you to drive any vehicle equipped with it, but only after you have served part of your suspension and met court requirements. Without one of these, you cannot legally drive.
What if I miss the 15-day important date to request a DMV hearing?
The DMV suspension becomes automatic and cannot be challenged. You lose your right to contest it. The suspension will take effect on day 16 after your arrest and you must serve the full suspension period. This is why requesting a hearing within 15 days is critical — it is your only chance to fight the suspension before it begins.
Do the DMV suspension and court suspension run at the same time?
They are separate suspensions that may overlap in timing, but they do not cancel each other out. You must serve both in full. For example, a 90-day DMV suspension and a one-year court suspension means roughly 15 months total without a license, though some of that time may run concurrently depending on when the court suspension begins.
How much does an ignition interlock device cost?
Installation typically costs $100 to $300, and monthly monitoring fees range from $50 to $100 depending on the provider. You are responsible for all costs. If you cannot afford the device, you cannot use it as an alternative to suspension, and you must serve your full suspension period without driving.
Can I get my license back early if I complete DUI education before my suspension ends?
No. Completing DUI education early does not shorten your suspension. You must serve the full suspension period ordered by the DMV and the court. However, you must have proof of completion before you can reinstate your license after the suspension ends, so completing it early means you will be ready to reinstate as soon as the suspension period is over.