Losing the ability to drive is more than just an inconvenience—it’s a hurdle that can disrupt work, school, and family commitments. If your license has been suspended due to a DUI arrest, you may feel overwhelmed or unsure about what to do next. Here’s the good news: You have options.
In Arizona, you can request a Hearing or Summary Review to challenge your suspension. Acting quickly and understanding the process can help you regain your driving privileges sooner than you think.
DUI License Suspension in Arizona
If you are suspected of Driving Under the Influence in Arizona, your driver’s license may be suspended under the “Admin Per Se” or Implied Consent laws. This suspension often begins 30 days after you are served with the suspension notice, which is typically handed to you at the time of your arrest, but can be mailed to you at a later time.
The suspension process is as follows:
- 30-Day Period to Act: You have less than 30 days from the date of being served or mailed the notice to request a MVD / ADOT hearing or Summary Review.
- Initial 30-Day Suspension: If no Hearing or Review is requested, your license will be suspended for at least the first 30 days, up to an entire year, during which no driving may be permitted.
- Restricted Driving: It may be possible to qualify for a restricted license, allowing you to drive to work or school for some or all of the suspension term, which may or may not require an Interlock to be installed in order to be eligible for a restricted license.
Failing to take action within the 30-day window means accepting the full terms of the suspension, which can have significant impacts on your daily life and work obligations. However, your Attorney may explore alternatives such as filing for a Hearing or pursuing other legal remedies for drivers license restoration.
Why Should You Request a Hearing for Suspended License?
Requesting a MVD / ADOT DUI hearing offers an opportunity to challenge the suspension of your license. At this hearing, evidence is presented, and you can argue against the suspension based on procedural errors, lack of reasonable suspicion or probable cause, or other legal grounds.
A driver’s license hearing request is not the same as your criminal court proceedings. While the criminal case determines penalties like fines and jail time, the MVD / ADOT hearing specifically addresses the status of your driving privileges.
How to Request a MVD / ADOT Hearing
To request a hearing for a suspended license, follow these steps:
- File Your Request Promptly: Submit your hearing request within the 30-day window provided in the suspension notice. Missing this deadline forfeits your right to a hearing. You need to include the reason for requesting a hearing.
- Include All Required Information: Ensure your request includes personal details such as your full name, driver’s license number, and contact information.
- Specify the Type of Hearing: Indicate whether you are requesting an in-person Hearing or a Summary Review based on submitted documentation.
- Prepare for the Hearing: Gather evidence and consult with an Attorney to strengthen your case.
If you are unsure about the process or what evidence is required, consider hiring a DUI Attorney for expert guidance on how to request a MVD / ADOT hearing effectively.
What Happens During a MVD / ADOT Hearing?
At the hearing, the focus will be on whether the officer who arrested you had reasonable cause to suspect you were driving under the influence, and whether the procedures followed were lawful.
The Administrative Law Judge will review:
- The officer’s testimony and evidence, such as blood or breath test results.
- Whether you refused to submit to any requested testing which can lead to a one-year suspension under Arizona law.
- Any procedural errors that could invalidate the suspension.
The outcome can range from upholding the suspension to a drivers license restoration.
How Long Does It Take to Get a MVD / ADOT Hearing?
After submitting your driver’s license hearing request, the timeframe for scheduling the hearing can vary. Typically, the hearing is set within 4 to 6 months of the request. However, factors such as administrative backlogs or the complexity of your case can cause delays.
Why You Need an Attorney for Your MVD / ADOT DUI Hearing
While it’s possible to represent yourself at a suspended license hearing, having an experienced DUI Defense Attorney can significantly increase your chances of success. An attorney can:
- Identify weaknesses in the evidence against you.
- Argue procedural errors that may invalidate the suspension.
- Ensure you meet all deadlines and requirements for your hearing.
Most importantly, if the Hearing is not handled correctly, you would be required to have three years of SR-22 High Risk Insurance, that could have otherwise been prevented.
Drivers License Hearing—What Comes Next?
If your hearing is successful, your driving privileges may be restored after a few days from the ruling. If the suspension is upheld, you may still be eligible to apply for a restricted license after the first 30 or 90 days, which will allow you to drive to work and/or school.
Getting a restricted permit requires completing additional steps, such as enrolling in DUI education programs or installing an ignition interlock device on your vehicle.
More FAQs About DUI Arrests in Arizona and Driver’s License Hearing
1. What happens if I refuse to take a blood, breath, or urine test during a DUI stop in Arizona?
Under Arizona’s Implied Consent Law, refusing to submit to blood, breath, or urine testing, as requested by the officer, can result in a one-year suspension of your driver’s license. This penalty applies regardless of whether you are ultimately found Guilty or Not Guilty of the DUI offense itself
2. Can the police force me to provide a blood sample?
Yes. If you refuse to provide a blood sample, an officer can obtain a warrant to draw your blood. Once the warrant is granted, officers are authorized to use reasonable force to collect the sample, which may include restraining you.
3. Where will I be taken after a DUI arrest in Arizona?
After your arrest, your physical driver’s license will usually be confiscated. Depending on the jurisdiction, you may be transported to a DUI processing van, a police station, or even a hospital for blood or breath testing. DUI processing vans, which are common in Arizona, are often driven by phlebotomists whom can conduct blood draws on-site.
4. Which DUI test is most commonly used in Arizona—blood, breath, or urine?
Most Arizona cities prefer blood tests as they are considered more reliable by the scientific community. However, some cities still use breath tests. Blood tests also allow for retesting, unlike breath tests, where the results are final once conducted.
5. How long does it take to get blood test results?
The time frame varies by city. For example, Phoenix uses its own lab and typically returns results within a few weeks. Other jurisdictions may rely on third-party labs, leading to delays of several months.
6. If my blood test results aren’t back yet, can I still lose my license?
Yes. Arizona law allows officers to suspend your license based on suspicion of a DUI, even before test results are available. Alternatively, you may receive notification from the Motor Vehicle Division / Arizona Department of Transportation (MVD / ADOT) later if your test results indicate a violation.
7. How long will I be in jail after a DUI arrest?
Most first-time Misdemeanor DUI offenders are released within a few hours or the next day, provided there are no aggravating factors such as prior convictions, Extreme BAC levels, or children in the car. However, individuals with outstanding warrants or Felony charges may remain in custody for longer periods.
8. Can officers delay or fail to notify the MVD / ADOT about my DUI?
Yes. In some cases, officers may delay submitting paperwork to the MVD / ADOT, resulting in no immediate suspension of your license. While this might seem like a relief, it could complicate your case if you face charges later.
Get the Help You Need to Restore Your License
Dealing with a DUI can feel like the end of the road, but it doesn’t have to be. By filing a driver’s license hearing request and working with a skilled Attorney, you can fight for your driving freedom.
At the Law Office of Brian D. Sloan, we specialize in helping individuals like you regain control of their lives. With years of experience and proven track record in handling suspended license hearings, we understand the process inside and out. Book a consultation today and let’s work together to get you back behind the wheel.
