Quick answer

If you took a breath or blood test after an Arizona DUI arrest, MVD will usually suspend your license for 90 days. For most first-time arrests that means 30 days of no driving and 60 days of restricted driving. If you refused testing, the suspension is 12 months. You have 30 days from the date on your suspension notice to request an MVD hearing, and a timely request puts the suspension on hold until the hearing. Older articles still say 15 days; Arizona changed that deadline to 30 days for notices issued after 2022.

Why Is My License Suspended Before I’ve Been Convicted?

Because the MVD suspension is not a criminal penalty. Under Arizona’s implied consent law, driving in Arizona means you have agreed to testing if you are arrested for DUI (A.R.S. § 28-1321(A)). If you take the test and the result is 0.08 or more (0.04 in a commercial vehicle), shows a drug or its metabolite without a valid prescription, or is not available yet, the officer reports it to MVD and the “admin per se” suspension process begins (A.R.S. § 28-1385(A)). If you refuse, a separate refusal suspension applies (§ 28-1321(D)).

The two cases run independently. A win at the MVD hearing has no effect on the criminal case (§ 28-1385(Q)), and the MVD suspension does not wait for the court case to finish. ADOT’s own summary is here: ADOT MVD: Driving Under the Influence.

How Long Do I Have to Request an MVD Hearing?

30 days. The officer either serves you with an order of suspension at the time of arrest or tells you MVD will mail a notice. Either way, the suspension takes effect 30 days after the order is served or the notice is issued, and your hearing request must be received by MVD within 30 days after the date of the notice (A.R.S. § 28-1385(C)-(D), (G); § 28-1321(F)-(G)).

Is it still the “15-day” MVD hearing?

No. For years Arizona gave drivers 15 days, and many websites and older ADOT training materials still say so. The legislature changed the deadline to 30 days in SB 1334, effective after December 31, 2022 (SB 1334 summary). ADOT’s current guidance also says 30 days. The deadline printed on your paperwork controls, so read it carefully.

Don’t wait until day 29. The request has to be received, not just mailed, by the deadline. ADOT accepts written requests by email, fax, or mail. Send it one way, keep proof, and calendar the date.

What a hearing request does

A timely request stays the suspension until the hearing is held. MVD keeps any license you surrendered but can issue temporary permits until it decides (§ 28-1385(L)). If you surrendered a valid license at arrest, the officer should have given you a 30-day temporary permit (§ 28-1385(F)).

Instead of a hearing, you can ask for a summary review, a paper review of the officer’s report and your written explanation, before the suspension takes effect (§ 28-1385(P)). It is only available on a test-result suspension, not a refusal.

How Long Is a DUI License Suspension in Arizona?

SituationMVD actionDriving options
Took the test, result 0.08 or more (admin per se)At least 90 consecutive days (§ 28-1385(H))For most first arrests: 30 days with no driving, then 60 days restricted, if you complete MVD-ordered alcohol or drug screening (§ 28-1385(I)). Or a special ignition interlock restricted license in place of the suspension (§ 28-1385(J)).
First refusal12 months (§ 28-1321(B))A special ignition interlock restricted license after completing screening, for the rest of the 12 months (§ 28-1321(P))
Second refusal within 84 months2 yearsThe interlock restricted license option does not apply (§ 28-1321(P))
Commercial driver license holderCDL disqualification (generally 1 year)Stricter rules apply to commercial driving; see ADOT

The 30-plus-60 split is not available if someone suffered death or serious physical injury, or if you had a DUI conviction within the past 84 months (§ 28-1385(I)).

Where can I drive on a restricted license?

The restricted period limits you to specific trips, including home to work, school, medical appointments, screening or treatment, probation appointments, an interlock service center, and court-ordered parenting time (A.R.S. § 28-144(A)).

What Happens If I Refused the Breath or Blood Test?

Refusing triggers a 12-month suspension for a first refusal and 2 years for a second refusal within 84 months. Failing to expressly agree to the test, or failing to complete it, counts as a refusal (A.R.S. § 28-1321(B)). Refusing also does not always prevent a test: officers can obtain a search warrant for a blood sample (§ 28-1321(D)(1)).

At a refusal hearing, the only issues are whether the officer had reasonable grounds to believe you were driving or in actual physical control while impaired, whether you were arrested, whether you refused, and whether you were told the consequences of refusing (§ 28-1321(K)). If the hearing officer sustains the suspension, you can ask the superior court to review it within 30 days (§ 28-1321(M)).

What Happens at an Arizona MVD Hearing?

The hearing is held before ADOT’s Executive Hearing Office, in person, by phone, or by video (§ 28-1321(I)). It is not a trial on whether you are guilty of DUI. On a test-result (admin per se) suspension, the hearing is limited to five issues (A.R.S. § 28-1385(M)):

  1. Whether the officer had reasonable grounds to believe you were driving or in actual physical control while under the influence.
  2. Whether you were arrested for DUI.
  3. Whether the test showed 0.08 or more (0.04 for commercial or for-hire drivers), or a drug or metabolite without a valid prescription.
  4. Whether the testing method was valid and reliable.
  5. Whether the results were accurately evaluated.

The hearing also puts the arresting officer under oath months before a criminal trial. That testimony can matter later. Whether to request a hearing, and what to ask, is a strategy decision best made with your lawyer.

Should I Request a Hearing or Get an Interlock License?

This is a real trade-off. You can apply for a special ignition interlock restricted driver license (SIIRDL) and keep driving with an interlock installed. But if MVD issues you that license, you agree to the suspension and waive your right to the hearing (A.R.S. § 28-1385(K); § 28-1321(Q)). ADOT also says that if you request a hearing, you cannot get a SIIRDL while the hearing is pending, though you can get one afterward (ADOT MVD).

A hearing may make sense if

  • There are questions about the stop, the arrest, or the test.
  • You want the officer’s sworn testimony early.
  • You can manage on the temporary permit while it is pending.

An interlock license may make sense if

  • You need to drive without interruption, such as for work.
  • The hearing issues look weak in your case.
  • You are ready to install and pay for an interlock now.

Interlock time on a SIIRDL is credited toward any interlock period you later owe after a conviction (A.R.S. § 28-3319(F)).

How Do I Get My License Back After a DUI in Arizona?

MVD will not reinstate you until the suspension period ends and the requirements are met. ADOT lists these steps (ADOT MVD):

  1. Check your own requirements in AZ MVD Now (Compliance Report).
  2. Complete alcohol or drug screening from an approved facility. This is required on every DUI suspension (§ 28-1385(H)).
  3. Provide proof of future financial responsibility (an SR-22 certificate from your insurer) when required (§ 28-3319(A)).
  4. Serve the suspension period.
  5. Install a certified ignition interlock if one is required.
  6. Pay reinstatement fees. ADOT currently lists a $10 suspension fee and a $50 admin per se fee, and an application fee may apply.
  7. Apply for reinstatement at an MVD or authorized third-party office.

What a conviction adds

A DUI conviction brings its own MVD requirements: for an alcohol-related DUI, a certified ignition interlock (12 months for a standard or extreme DUI, 18 months for super extreme), and traffic survival school (§ 28-3319(D); § 28-1381(I)). For a standard first DUI, MVD defers the rest of the interlock period after six months if you complete a 16-hour alcohol education program and meet the other conditions (§ 28-3319(H)). If you were not already suspended under the admin per se or refusal laws, a conviction triggers a 90-day suspension of its own (§ 28-1387(D)). A second DUI within 84 months means a one-year revocation (see second and third DUI). Drivers under 21 face different rules; see underage DUI.

Your First 30 Days After a DUI Arrest: A Checklist

  1. Find your paperwork. Locate the order of suspension or MVD notice and the temporary permit. Note the date on it.
  2. Calendar the deadline. Your hearing request must be received by MVD within 30 days of that date.
  3. Update your address with MVD so mailed notices reach you (§ 28-1385(C)).
  4. Talk to a DUI lawyer about a hearing versus an interlock license, before either deadline passes.
  5. Schedule alcohol or drug screening at an approved facility. Every reinstatement path requires it.
  6. Call your insurer about SR-22 filing if it will be required.
  7. Keep your court date. The criminal case is separate and has its own deadlines.
  8. Do not drive while suspended. A DUI arrest while your license is suspended can be charged as a felony aggravated DUI (§ 28-1383(A)(1)).

Arrested for DUI in the last 30 days? Talk with a lawyer before the MVD deadline passes. Available 24/7.

Call (602) 888-8020

If you are also worried about jail, read can you avoid jail for a first DUI in Arizona, and see our first-time DUI page.

Phoenix criminal defense attorney Christian Lueders reviewing a case with two clients at the Guardian Law Group office

Why Talk With Guardian Law Group?

A former prosecutor’s view of the State’s case

Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how DUI arrests are documented and what the officer’s report, the test records, and the MVD affidavit need to show.

Careful, trial-ready preparation

The MVD hearing and the court case are handled as one strategy: what to challenge, when to ask questions under oath, and how to keep you driving legally where the law allows.

Clear answers about what comes next

You should know your exact MVD deadline, your driving options, and what reinstatement will require before you make any choice. Read what clients say about Guardian Law Group.

Questions About DUI License Suspensions in Arizona

Short answers to common questions. Every case is different, so use these as a starting point for a conversation with a lawyer.

How long do I have to request an MVD hearing after a DUI in Arizona?

30 days. The request must be received by MVD within 30 days after the date of the suspension notice or order. The old 15-day deadline was changed effective after December 31, 2022 (A.R.S. § 28-1385(G); § 28-1321(G)).

How long is a license suspension for a first DUI in Arizona?

Usually 90 days if you took the test: 30 days with no driving, then 60 days restricted, if you complete screening and qualify. A first refusal means 12 months (A.R.S. § 28-1385(H)-(I); § 28-1321(B)).

Will I get my license back if my DUI case is dismissed?

Not automatically. The MVD suspension is a separate administrative action based on the arrest and the test or refusal, not on a conviction, so a later dismissal does not by itself undo it. A dismissal does avoid the extra requirements that come with a conviction, such as the court-reported interlock and traffic survival school.

Can I drive to work after a DUI arrest in Arizona?

Often. A timely hearing request keeps you driving on a temporary permit until the hearing. After the first 30 days of a 90-day suspension you may qualify for restricted driving, or you can apply for an ignition interlock restricted license, which waives the hearing (A.R.S. § 28-1385(I)-(L)).

What happens if I refused the breathalyzer in Arizona?

A 12-month suspension for a first refusal, or 2 years for a second within 84 months. After completing screening, a first-time refuser can apply for an ignition interlock restricted license (A.R.S. § 28-1321(B), (P)).