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Driving Under the Influence in Arizona


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The DUI Arrest - The End of This Phase

After the test is administered, the majority of arrestees are picked up by a totally sober (nothing to drink) friend or by a cab. However, some are booked into jail. Subjects are booked for a variety of reasons ranging from aggravated conduct with the arresting officer, no identification, active warrants, etc.

So what happens to your license at this point? As mentioned above, if you refuse the test, your license will be suspended for 12 months regardless of whether or not you are actually convicted of the DUI. If you submit to the test and your alcohol concentration is greater than a .08, then you will suffer a 90-day suspension, 30 days of which are a total suspension (no driving at all) and, in most cases, the next 60 days are a restricted license where you can go to and from work, school, and counseling. Because of the volume of blood tests being administered, the results are not immediately available, and so it is becoming increasingly common that the DUI suspect will receive a notice in the mail (weeks later) from MVD notifying them that his results are above a .08 and that his license will be suspended for 90 days.

If the reading is below a .08, then there is no license suspension prior to conviction. If you receive either the refusal suspension (12 months) or the .08 suspension (90 days), that suspension does not go into effect until 15 days from the date the suspension notice is served. Within that time, the suspect should request a MVD hearing (or if a private attorney is retained, the attorney will generally request that this hearing be conducted). The hearing will be set in about a month or two. During this time, the suspect’s license is NOT suspended while the hearing process is pending.

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