If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings.
- A criminal proceeding in court
- A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license.
These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important.
The Criminal Proceeding
Your DUI arrest begins your criminal proceeding. The consequences of this -- plea of guilty, or a verdict of guilty following a jury or bench trial -- could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record.
The Civil Proceeding
The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona.
The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form.
Arizona Residents
If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license.
Non-Arizona Residents
If you are from out of state, the police cannot seize your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined.
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