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The Role of the Motor Vehicle Division after a DUI

The officer does not have the authority to take away an out-of-state license. With Arizona drivers, the officer can take away the license and provide this pink and/or yellow piece of paper called the Admin Per Se/Implied Consent Affidavit. Or he can choose to hold off in doing so and later a person would get a letter in the mail from the Motor Vehicle Division.

This is sent once the Motor Vehicle Division is notified that someone had a blood alcohol level at are above the legal limit or that there was the presence of drugs from medications that the officer believe impaired the person.

If the person is served the pink and/or yellow piece of paper at the time of the stop then their license, pursuant to this pink or yellow piece of paper, will be valid for the next 15 days. Then it is suspended for 90 days unless they ask for hearing.

90-Day Suspension: Arizona Drivers May be Eligible for a Restricted License after 30 Days

If the 90 day suspension takes effect, a person may be eligible to get a restricted license for the last 60 of the 90 days, at the discretion of the Motor Vehicle Division. Usually, a person will be eligible for getting that restricted license if they had an Arizona license, driver’s license and if they were not previously arrested for the DUI within the last couple of years. Also, if there was no accident involved with the DUI and if their license was otherwise valid at the time of the charge.

If a person refuses the blood, breath, urine test, they will be served with holding Implied Consent Affidavit using that pink and/or yellow piece of paper except that there’s a different box that is check-marked.


Refusing Chemical Testing Results in a One Year Suspension, Beginning 15 Days after the Charge

Under the Implied Consent Affidavit that the officer will take away the person’s Arizona license, give them that piece of paper. If the driver refuses, their license will be taken away and they will be given an Implied Consent Affidavit. This suspends their license for one year starting 15 days from the date that it’s been served.

And I would absolutely recommend that someone ask for a hearing whether they’re being represented by an attorney or not. There’s no harm in asking for hearing on that and a person would be allowed to continue to drive until they get that hearing.

Refusals May Also Be Eligible for a Restricted after 90 Days

If for some reason, they don’t request that hearing or if they do request that hearing and end up having the one year license suspension upheld, they potentially can get a restricted license after doing the first 90 days with no driving.

And then the next nine months, they may be eligible to get a restricted license to be able to drive to and from home and work and school with the installation of an ignition interlock device and Sr22 high risk insurance.

Oftentimes when someone is arrested for DUI and as long as they consent to the blood, breath, or urine test requested by the officer, their license will be suspended for 90 days for being suspected of DUI. But if they are convicted of a first time DUI offense, very likely, their license is going to be suspended for 90 days and it is the same 90 days that the person may or may not have already done for being suspected of DUI.

There Is a 90-Day Suspension Imposed for a DUI Conviction but It Is Concurrently Served with the Original 90-Day Suspension That Goes into Effect with the DUI Charge

So, there’s no additional 90-day suspension for being convicted of DUI. This means that very likely, it is going to be inevitable that someone who is arrested for DUI is going to have to deal with a 90-day suspension.

Even if the DUI case end up getting dismissed or even if the DUI is reduced down to something like reckless driving, a person may still have to deal with a 90-day suspension for being suspected of DUI. That’s why it’s important to have an attorney that understands the consequences, understands when to fight the case, when to agree to the suspension, and how to go about doing it.

The Driver Has 15 Days in Which to Request a Hearing; it Is Recommended to Request It within 13 Days

Interviewer: So, how many days does one have in order to request a hearing?

Brian Sloan: Basically, 15 days. I do recommend doing it within 13 days of actually being charged. A hearing can be requested by mail. It can be requested online. As an attorney, I do request it online. At least, that way, you get confirmation that it was actually received.

Why Should You Retain an Attorney to Handle the Hearing? An Attorney has the Experience and Knowledge to Resolve Common Issues That Can Arise after a DUI Charge

Now, there is a problem in the system, which is why sometimes even if you are trying to do everything that you’re supposed to do, you could still end up facing problems. As I mentioned, the officer provides you the pink or yellow piece of paper that indicates, “Your license is going to be suspended for 90 days starting 15 days after you’ve been arrested/served.”

If the officer has not turned in the paperwork, the Motor Vehicle Division does not know anything about the arrest and a person might have started their suspension and none of it counts. So, they may have stopped driving a vehicle, but none of it counts because the Motor Vehicle Division wasn’t even aware that the person was arrested. And that can cause some other issues.

Also, what I think is confusing to some people is when someone refuses to give the blood, breath, or urine sample and their license is suspended for one year. If they later decide to enter into a pre-agreement or if they are later found guilty of a DUI and their license is suspended for 90 days of being convicted of that DUI, the 90 days does not supersede the one year.

Refusals Can Be Subject to both the 90-Day Suspension and the One Year Suspension

You cannot negotiate away from that one year pre-agreement. There is the one year suspension through the Motor Vehicle Division for refusing and then there is the 90-day suspension for being convicted of DUI. It’s not something that the courts can overrule.

Refusals May Still Face the One-Year Suspension Even though They Were Later Found Not to Be Impaired

Another issue is that if a person is suspected of DUI and they are asked to consent to a blood, breath or urine sample but they refuse, ultimately, a warrant is retrieved.

The person’s blood is taken by force if necessary and it turns out that there is not substantial evidence that a person is guilty of DUI. For example, the blood alcohol level comes back very low and that case is never brought against them; they are never charged with the DUI. The person still has to deal with the consequences of the one-year license suspension for refusing even though the evidence is not there.

Because the only issue in contention is that the officer has reasonable suspicion to stop a person and they had probable cause to arrest the person. The person was given the opportunity to consent to which they refused.

This is opposed to if you did consent to the blood draw as requested by the officer and you want to challenge that at a hearing. Then the only issue in contention is whether the officer had reasonable suspicion to stop the vehicle, probable cause to arrest and whether the person truly had a blood alcohol level at or above point eight. Or that they were impaired by prescription medications or were impaired by drugs.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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