A DUI (Driving Under the Influence) charge in Arizona carries severe penalties, particularly concerning your driver’s license. The length of your license suspension after a DUI varies according to your Blood Alcohol Concentration (BAC), number of prior offenses, and whether you refused to take a chemical test.
Losing your license after a DUI in Arizona can disrupt your daily routine, but the consequences extend beyond the initial suspension. Knowing what to expect, from the steps to reinstate your license to the long-term impact on your record, can help you move forward.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Criminal and Personal Injury Lawyer today
Arizona has some of the strictest DUI laws in the nation, reflecting the state’s commitment to preventing drunk driving. Drivers with a BAC of 0.08% or higher can be charged with DUI. Commercial vehicle drivers have a lower limit of 0.04%. Even if a driver falls below 0.08%, under the state’s zero-tolerance law, drivers can be charged with DUI if signs and/or symptoms of impairment are present.
The duration of your license suspension increases with each subsequent DUI offense:
Under Arizona’s implied consent law, refusing a chemical test results in:
When arrested for DUI in Glendale, Arizona, you will be required to provide a breath, blood, or urine sample to determine your blood alcohol concentration (BAC). This process is governed by Arizona’s implied consent law, meaning that by driving in the state, you have already agreed to chemical testing if lawfully arrested for suspicion of DUI. The arresting officer will inform you of the consequences of refusal and your rights regarding a hearing to challenge the suspension. According to the Arizona Department of Public Safety, officers follow strict protocols to ensure test results are admissible in court.
In addition to chemical testing, expect the following steps during your arrest:
Temporary License Confiscation: Your driver’s license may be taken immediately.
Issuance of an Admin Per Se Form: This notice serves as your temporary driving permit and explains suspension terms.
Opportunity for a Hearing: You have 15 days to request a hearing to contest the administrative suspension.
Failing to understand these procedures can lead to severe penalties, including long-term loss of driving privileges.
Refusing a chemical test after a DUI arrest can trigger an immediate license suspension of 12 months for a first refusal and 24 months for a second refusal within 84 months. Arizona’s implied consent statute, ARS § 28-1321, gives law enforcement the authority to enforce this penalty regardless of whether you are later convicted of DUI in court.
Key points about refusal penalties:
Automatic Administrative Suspension: Even if you are found not guilty in criminal court, the refusal triggers an independent suspension.
More extended Suspension Periods: Refusing a test results in significantly harsher penalties than failing one.
Ignition Interlock Requirement: After reinstatement, you may be required to install an ignition interlock device.
Refusing a test rarely benefits the driver because prosecutors may still use other evidence, such as field sobriety test results, to secure a conviction.
If you consent to testing and your BAC registers at 0.08% or higher, Arizona law mandates a 90-day license suspension. This administrative penalty applies even for a first offense and is separate from any criminal penalties you might face in court. Under ARS § 28-1381 and related provisions, drivers who exceed this legal limit face mandatory license action in addition to fines, possible jail time, and required education courses.
Here’s what typically occurs:
30-Day Complete Suspension: You are prohibited from driving for any reason during this period.
60-Day Restricted Permit: After 30 days, most drivers may qualify for a restricted license for essential travel such as work or treatment.
Additional Criminal Consequences: Courts can impose further penalties, including ignition interlock device installation, higher insurance rates, and probation.
According to the Arizona Department of Public Safety, officers often combine BAC evidence with observations like erratic driving, slurred speech, or failed sobriety tests to strengthen their case. For repeat offenders or those with aggravated circumstances, penalties can increase substantially, extending license restrictions and adding mandatory interlock use for up to 12 months.
Both the Admin Per Se process and Arizona’s Implied Consent law significantly impact DUI cases by imposing administrative penalties independent of criminal court outcomes. The Admin Per Se action is an immediate suspension of your driving privileges by the Arizona Motor Vehicle Division (MVD) after a DUI arrest, based on test results or refusal.
Differences to consider:
As defined by Arizona Revised Statutes § 28-1321, failure to comply with implied consent laws can lead to suspension periods of 12 to 24 months and may require completion of alcohol screening before reinstatement. Additionally, drivers must act quickly—only 15 days can request a hearing to contest the suspension. Failing to request a hearing means the suspension becomes automatic, even if you beat the DUI charge in court.
It’s essential to understand that two separate entities handle different aspects of your DUI case:
The court imposes jail time, fines, and license suspension based on:
The Arizona Department of Transportation Motor Vehicle Division (MVD) can suspend your license independent of a court conviction, particularly if you refuse a chemical test under Arizona’s implied consent law.
Important: You can face separate suspensions from the court and the MVD, potentially leading to compounded penalties and extended suspension periods.
A restricted license grants limited driving privileges (e.g., work, school, medical appointments) after a DUI-related suspension. These licenses may be available after the hard suspension period.
A DUI can be particularly concerning if you hold a professional license, as specific industries enforce stricter rules and often have mandatory reporting requirements.
Disclosing your DUI as required by your professional licensing board while seeking legal guidance is essential to protect your professional standing.
While difficult, it may be possible to mitigate the impact of a DUI charge on your driving privileges. An experienced Peoria DUI attorney can help by:
To reinstate a suspended driver’s license, you must:
In some cases, Arizona allows early license reinstatement under strict conditions, which often require:
A DUI conviction significantly increases car insurance rates. Insurance providers classify you as a high-risk driver, often tripling your premium. Additionally, you may be required to file an SR-22 form with the state MVD for at least 3 years, further increasing costs.
Experienced Criminal Defense Attorney
John Phebus is a seasoned criminal defense attorney with a strong focus on DUI defense, vehicular crimes, and serious criminal charges. He has fiercely advocated for clients throughout Arizona, working to protect their rights, driving privileges, and freedom. Known for his strategic approach and commitment to each case, John has achieved many successful outcomes for individuals facing complex criminal matters. If you’re looking for a knowledgeable and dedicated Glendale criminal defense lawyer who will fight for your future, John Phebus is here to help.
Years of experience: +30 years
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Dealing with a DUI charge is a serious matter, especially in Arizona, but you don’t have to face it alone. The Law Offices of John Phebus can help you. Our experienced DUI attorneys will guide you through:
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Arizona’s strict DUI penalties are designed to deter impaired driving and enhance road safety. Here’s what you can expect for a first DUI offense:
The severity of these penalties may increase based on the specifics of the offense, such as higher blood alcohol concentration levels or previous offenses. To potentially mitigate these consequences, legal actions like contesting the charges in court or seeking a plea bargain are advised.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney John Phebus, who has more than 20 years of legal experience as a personal injury attorney.
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