Driving after a DUI arrest in Arizona is limited because A.R.S. 28-1321 and 28-1385 can trigger an immediate MVD suspension or revocation. Under 28-1381(A)(2), a BAC of 0.08 or more, or 0.04 in a commercial vehicle, can support DUI charges, and 28-1382 adds 0.15 and 0.20 thresholds for extreme and super-extreme DUI. First-offense extreme DUI carries 30 days in jail and at least $2,500 in fines and assessments; super-extreme carries 45 days and at least $3,250. A second DUI within 84 months can mean 90 days, with 30 consecutive. You usually have 15 days to request an MVD hearing. A.R.S. 28-1385. Oliverson Law handles Phoenix DUI lawyer cases statewide. Call immediately to protect your license and court defense strategy now.
Can you drive after a DUI arrest in Arizona?
Usually, no, not without risk, because an Arizona DUI arrest can trigger an immediate civil license action under A.R.S. 28-1385, even before your criminal case is finished. If the officer served you an Admin Per Se or implied consent notice, you may be barred from driving, or limited to restricted driving only after MVD rules are met.
The exact effect depends on the facts, including BAC results, refusal, prior DUI history, and whether the notice was properly served. If your case involved an alcohol-related arrest, the safer move is to stop driving until you know whether MVD has suspended your privilege and whether you still have any temporary or restricted driving authority.
How long is your license suspended after a DUI arrest under Admin Per Se?
Under A.R.S. 28-1385, an Admin Per Se suspension is typically 90 days for a qualifying alcohol or drug DUI arrest, and refusal can lead to a 12-month suspension, or longer in some repeat-refusal situations. The first 30 days are generally a hard suspension, with restricted driving sometimes possible after that if MVD requirements are satisfied.
A separate criminal DUI conviction can also cause additional penalties under A.R.S. 28-1381, so the MVD action is only part of the picture. The paperwork you received matters, because the deadline to challenge the suspension is short, and the date the officer served the notice controls when the clock starts.
How do you request a hearing or get a restricted license?
You generally must request an MVD hearing within 15 days of receiving the Admin Per Se notice, and if you miss that deadline, the suspension usually starts automatically. A restricted license may become available later in some cases, but only if you qualify under MVD rules and, in many cases, use an ignition interlock device.
The hearing is your chance to challenge whether the stop, arrest, test, or refusal was legally valid under A.R.S. 28-1385. We also review whether the notice was served correctly and whether the agency can prove the blood, breath, or refusal evidence needed to keep the suspension in place.
How do DUI cases play out in local Arizona courts?
DUI cases are filed in municipal, justice, or superior court depending on the charge, the location of the arrest, and whether the case is a misdemeanor or felony. In practice, Phoenix, Mesa, Chandler, and Gilbert DUI cases often move through local courts that apply Arizona Rules of Criminal Procedure, MVD deadlines, and city prosecutor policies.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman and represents clients in the courts near each. If you are looking for help in a specific city, we regularly handle Mesa DUI lawyer, Chandler DUI lawyer, and Gilbert DUI lawyer matters, plus broader Phoenix criminal defense lawyer representation.
When should you call a DUI lawyer?
You should call a lawyer immediately after any DUI arrest in Arizona, because driving after a dui arrest arizona issues can affect both your MVD privilege and your criminal case within days. Early help can preserve hearing rights, examine the stop and testing, and push back on the suspension before it becomes harder to reverse.
At Oliverson Law, Arizona DUI lawyer representation includes DUI defense, Arizona drug crimes attorney cases, Arizona assault lawyer matters, and broader Arizona criminal defense lawyer help. If you were arrested for DUI, call before you speak to MVD or take a plea.
What are the key Arizona DUI statutes and agencies?
The main Arizona DUI statutes are A.R.S. 28-1381, A.R.S. 28-1382, and A.R.S. 28-1385, which cover standard DUI, extreme DUI, and Admin Per Se license action. For the exact administrative suspension language, review A.R.S. 28-1385 directly.
The key agencies are the Arizona Department of Transportation Motor Vehicle Division, which handles license consequences, and the Arizona courts, which handle the criminal case. See Arizona MVD and Arizona Courts. We also handle related Arizona weapons charges lawyer and Arizona domestic violence lawyer cases when DUI arrests lead to other charges.
Frequently Asked Questions
Not always. If you were served an Admin Per Se notice, your driving privilege can be suspended or restricted right away under A.R.S. 28-1385. The notice and the MVD deadline are critical, so do not assume you can keep driving until the criminal case ends.
Usually, you have 15 days from the date you were served the notice to request a hearing. If you miss the deadline, the suspension can start automatically. The exact notice language matters, so review the paperwork as soon as possible.
The MVD suspension is an administrative action against your license, while the DUI case is the criminal prosecution in court. You can win or lose one part without automatically controlling the other, which is why both tracks need attention.
Sometimes. Some drivers may qualify for restricted driving after part of the suspension period, often with an ignition interlock device and other MVD requirements. Eligibility depends on the type of suspension, prior history, and whether you timely requested relief.
Yes, if you want to protect your license and challenge the stop or testing. The MVD process begins fast, and evidence can disappear quickly. A lawyer can help with both the hearing and the criminal defense strategy.
If you were arrested for DUI in Arizona, do not wait for the suspension to take effect. Call Oliverson Law now so we can protect your license, review your stop and testing, and get to work on your defense.
