Arizona suspends your license when ready after a DUI arrest, even before conviction
When you are arrested for DUI in Arizona, the Department of Motor Vehicles (DMV) does not wait for a court verdict. The arresting officer takes your physical license on the spot and issues you a temporary permit valid for 15 days. During those 15 days, you have the right to request a hearing to contest the suspension — but you must act fast. If you do not request a hearing by day 15, your license suspension becomes automatic.
The suspension length depends on whether this is your first offense and whether you refused a breath or blood test. A first-time DUI with a test result of 0.08% or higher triggers a 90-day suspension. If you refused the test entirely, the suspension is one year. A second DUI within seven years means a one-year suspension; a third or subsequent DUI means a three-year suspension. These suspensions run separately from any court-ordered penalties you may face after conviction.
Arizona law treats the DMV suspension and the criminal court case as two separate proceedings. You can lose your license through the DMV process even if the criminal charges are later dismissed or reduced. Conversely, you might avoid criminal conviction but still face the suspension based on the arrest alone.
Key Takeaways
- Your license is suspended by the DMV within 15 days of arrest, regardless of whether you have been convicted in court.
- A first DUI with a test result of 0.08% or higher results in a 90-day suspension; refusal of the test results in a one-year suspension.
- You have 15 days from arrest to request a DMV hearing to challenge the suspension, and missing this important date makes the suspension automatic.
- An ignition interlock device (IID) may allow you to drive during the suspension period if you meet certain conditions and pay installation and monitoring fees.
- Conviction in criminal court may trigger additional license restrictions beyond the DMV suspension, including mandatory IID requirements.
The 15-day window to request a DMV hearing
The temporary permit the officer gives you is not a license — it is a notice that your license will be suspended in 15 days unless you request a hearing. This 15-day clock starts the day of your arrest. You must submit a written request for a hearing to the DMV before day 15 ends; a phone call or email does not count. The request must be in writing, and the DMV must receive it by the important date.
If you miss the 15-day important date, the suspension takes effect automatically and you lose the right to a hearing. At that point, your only option is to wait out the suspension period or pursue an ignition interlock device (IID) if you are found to be a first-time offender. Many people do not realize the important date exists until it has already passed, so marking it on a calendar the day of arrest is critical.
The hearing itself is conducted by a DMV administrative law judge, not a criminal court judge. The judge reviews whether the officer had reasonable grounds to believe you were driving under the influence and whether you were lawfully arrested. The burden of proof is lower than in criminal court — the DMV only needs to show "clear and convincing evidence," not proof beyond a reasonable doubt. Even if your criminal case is dismissed later, the DMV hearing result stands independently.
Suspension lengths based on test results and prior history
Arizona law creates different suspension periods based on what happened during your arrest. If you took a breath or blood test and the result was 0.08% or higher, a first DUI results in a 90-day suspension. If the result was between 0.04% and 0.07% (the legal limit for commercial drivers), the suspension is still 90 days. If you refused the test — whether by declining to blow into a breathalyzer or refusing a blood draw — the suspension is one year for a first offense.
Prior DUI history changes these timelines significantly. A second DUI within seven years of a prior DUI conviction results in a one-year suspension, regardless of test results. A third or subsequent DUI within seven years means a three-year suspension. These suspensions are mandatory and do not shorten based on good behavior or other factors during the suspension period.
The seven-year lookback window is measured from the date of the prior conviction, not the arrest. If your previous DUI conviction was more than seven years ago, it does not count toward the current suspension calculation. However, Arizona courts and the DMV maintain records going back further, and judges may consider older DUIs when deciding on penalties or IID requirements.
How an ignition interlock device can let you drive during suspension
An ignition interlock device (IID) is a breath-testing machine installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. Arizona law allows first-time DUI offenders to request an IID in place of a full suspension, meaning you can continue to drive to work, school, medical appointments, and other essential locations during what would otherwise be a suspension period. However, not everyone qualifies, and the device comes with significant costs.
To use an IID, you must request it before or during your DMV hearing, or after conviction in criminal court if the judge orders it. The device typically costs between $100 and $200 to install, plus $50 to $100 per month for monitoring and calibration. You are responsible for all costs. The device records every time you try to start the vehicle and every time you are asked to provide a breath sample while driving (rolling retests). If you fail a test or miss a scheduled service appointment, the device logs the violation and reports it to the court or DMV.
An IID does not erase the suspension — it modifies it. You still cannot drive for purposes other than those permitted by the court or DMV order, and you must maintain the device for the full suspension period. If you are convicted in criminal court after using an IID during the DMV suspension, the judge may order you to continue using the device as part of your criminal sentence, extending the total time you must have it installed.
Criminal court conviction and additional license penalties
The DMV suspension and criminal court penalties are separate, but they often overlap. If you are convicted of DUI in criminal court, the judge can impose additional license restrictions beyond what the DMV already ordered. A first-time DUI conviction typically results in a mandatory IID requirement for at least 12 months, even if the DMV suspension was only 90 days. A second conviction within seven years can result in a one-year license suspension plus a mandatory IID for at least 12 months after the suspension ends.
The criminal court can also impose a "hard suspension" — a period during which you cannot drive at all, even with an IID. This is different from a suspension that allows IID use. A hard suspension is typically ordered for repeat offenders or in cases involving accidents, injuries, or extremely high blood alcohol levels. During a hard suspension, driving any vehicle for any reason is illegal, and doing so can result in additional criminal charges.
Conviction also triggers mandatory alcohol education programs, probation, fines, and possible jail time. The license penalties are only one part of the criminal sentence. Your criminal defense attorney can sometimes negotiate with the prosecutor to reduce the criminal charges or recommend lighter penalties, which may affect the license restrictions the judge imposes.
Requesting reinstatement after the suspension ends
When your suspension period ends, your license does not automatically return. You must request reinstatement from the Arizona DMV. The reinstatement process varies depending on whether you completed an IID requirement, whether you were convicted in criminal court, and whether you have any other outstanding violations or unpaid fines.
For a DMV suspension that ended without criminal conviction, you typically submit a reinstatement request to the DMV, pay a reinstatement fee (currently around $100, though this varies), and provide proof that any IID requirement was completed. If you were convicted in criminal court, you may need to provide proof of completion of court-ordered programs, such as alcohol education or counseling, before the court will notify the DMV that reinstatement is permitted.
If you were ordered to use an IID and failed to maintain it, missed service appointments, or had violations recorded on the device, reinstatement may be delayed or denied. The DMV reviews the device records before approving reinstatement. You should contact the DMV at least 30 days before your suspension ends to understand exactly what documents and fees you will need.
Driving with a suspended license and criminal consequences
Driving while your license is suspended due to a DUI is a separate criminal offense in Arizona. A first offense of driving with a suspended license is a class 3 misdemeanor, punishable by up to 30 days in jail and a $250 fine. A second or subsequent offense within five years is a class 2 misdemeanor, carrying up to four months in jail and a $500 fine. These penalties stack on top of the original DUI charges.
Law enforcement can identify a suspended license through a traffic stop or by running your name in the system. Even a minor traffic violation — a broken taillight or expired registration — can lead to a license check that reveals the suspension. Once discovered, you face both the new driving-with-suspended-license charge and potential additional DUI-related penalties if the court views the violation as a sign of non-compliance.
Some people attempt to drive during a suspension believing they will not be caught, but the risk is substantial. A conviction for driving with a suspended license becomes part of your criminal record and can affect employment, housing, insurance rates, and future DUI sentencing if you are arrested again.
Frequently Asked Questions
Can I drive at all during my suspension if I do not have an ignition interlock device?
No. A standard DMV suspension means you cannot legally drive any vehicle for any reason during the suspension period. An IID is the only way to continue driving during a suspension, and only for specific purposes like work or medical appointments. Driving without an IID during a suspension is a separate criminal offense.
What if I was arrested for DUI but the charges were dismissed in criminal court?
The DMV suspension can still stand. The DMV hearing and the criminal case are separate proceedings with different standards of proof. Even if the criminal charges are dismissed, you can lose your license through the DMV process. However, you can request a DMV hearing to challenge the suspension based on the evidence presented at that hearing.
Does the suspension start on the arrest date or after the 15-day hearing request period?
The suspension takes effect 15 days after arrest if you do not request a hearing. If you do request a hearing, your temporary permit remains valid until after the hearing is held and a decision is issued. The suspension does not begin until the hearing officer rules against you or until the 15-day important date passes without a hearing request.
Can I get my license back early if I complete an alcohol education program?
No. The suspension period is fixed by law and does not shorten based on completing programs or other actions. However, completing alcohol education programs before the suspension ends can help when you request reinstatement, and the court may view it favorably if you are facing criminal charges. The programs do not reduce the suspension length itself.
What happens if I move out of Arizona while my license is suspended?
Arizona suspensions follow you. If you move to another state, that state will typically recognize the Arizona suspension through the Interstate Compact on Driver Licenses, and you will not be able to obtain a valid license in the new state until the Arizona suspension is resolved. You must complete the suspension period and request reinstatement from Arizona before you can legally drive in another state.