IMPORTANT:   DUI in Arizona, The Department of Motor Vehicles (MVD) & Your Driver License

Click Here to see the IMPLIED CONSENT AFFIDAVIT Form

  • Any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances so law enforcement can determine alcohol concentration or drug content if the person is arrested for DUI. If you are interested in reading the actual statute A.R.S. 28-1321 click here.

  • Under Arizona Law, the Police Officer chooses the type of test, and administered at his/her direction, so long as the officer has reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle either:

  • While under the influence of alcohol or drugs; or

  • If the person is under age 21 with alcohol in the person's body.

  • If you refused to take a breath, blood or urine test after being arrested for DUI/DWI in Arizona, or if the results of your test were .08% blood-alcohol or above, your license will be suspended 15 days after the arrest unless you or your attorney take appropriate action to demand an administrative hearing within 15 business days after arrest. Get more information about saving your driver's license NOW before it's too late. If your arrest was in a state other than Arizona, your license also may be at risk.  

  • Following an arrest, the officer should request the subject to submit to and successfully complete any test mentioned above that the officer designates. If the subject refuses to submit to the test, or does not successfully complete the test, his/her license will be suspended for 12 months for a first refusal, or for 2 years for a second or subsequent refusal within a period of 60 months.

  • Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.

  • Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person's license will be suspended for at least 90 consecutive days.

  • Any person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).


  • If you exercise your right to refuse under Arizona's implied consent law, the following will happen:

  • The test will not be given (unless the officer obtains a search warrant, in which case he/she can immobilize you and forcibly draw your blood);

  • The officer will file a certified report with the department of motor vehicles;

  • The officer will serve you with an order of suspension for one year that is effective 15 days after the date the order is served;

  • You will be required to immediately surrender your license or permit if it is in your control;

  • If your license is surrendered, the officer will issue a temporary permit that is good for 15 days;

  • When the department receives the certified report from the officer, the department will enter the suspension into its records on the effective date unless a written request for a hearing is made by you.


  • The MVD hearing is a civil proceeding, which is different from the criminal case. It is common knowledge that in order to find a defendant guilty of a crime, it must be proven beyond a reasonable doubt. In civil proceedings the standard of proof is much less difficult for the State. In the criminal DUI case in Arizona, you have a right to a jury trial. In the civil case you do not. An Administrative Law Judge decides both the law and the facts when it comes to your MVD hearing.

  • You must request your hearing within 15 days. If you don't, your license will automatically go into suspension, and you will not be able to fight it. If you have retained our office to represent you, we have signed the retainer agreement and received your retainer deposit before the expiration of the 15 day period, we will be happy to make the hearing request on your behalf. Please note that we will not make the request for you unless we officially represent you, as we have not been authorized to act on your behalf.

  • IMPORTANT:   DUI in Arizona, The Department of Motor Vehicles (MVD) & Your Driver License

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