After an Arizona DUI arrest, your first 15 days matter more than you might think. There's a hard deadline embedded in the paperwork you got at the scene — one the officer may not have emphasized — that, if missed, triggers an automatic license suspension you cannot undo. The criminal case comes later. The MVD clock is running right now. Here's exactly what to do, in order, in your first 15 days.
The two parallel cases you now have
Getting arrested for DUI in Arizona triggers two separate legal processes:
- Criminal case — handled by the court, prosecuted by the county or city attorney. This is about guilt, jail time, and fines.
- MVD administrative case — handled by the Motor Vehicle Division. This is about your driver's license. It runs independently of the criminal case and has its own deadlines and standards of proof.
People lose their license in the MVD case even when they ultimately beat the criminal case. These are separate fights on separate tracks. You need to think about both, starting today.
Day 1: Immediate steps after release
- Gather and preserve everything you received. The officer gave you a packet that likely includes: a citation (your court date), a copy of the Admin Per Se Implied Consent Affidavit, and a temporary driving permit. Do not lose any of this.
- Photograph any visible injuries or evidence. Bruises from handcuffs, scrapes, photos of your car.
- Write down everything you remember while it's fresh: what you ate and drank, times, what officers said, what field sobriety tests you were asked to do, how you felt. Your memory will fade.
- Do not post on social media about the arrest or anything that could relate to drinking.
- Do not talk to police again without a lawyer.
Days 1–5: Request the MVD hearing
This is the most time-sensitive step of your entire DUI. Under Arizona's Implied Consent Law (A.R.S. § 28-1321), your driver's license will be automatically suspended starting 15 days after your arrest unless you request a hearing in writing.
The hearing request does several important things:
- Extends your driving privileges until the hearing happens (typically 60–120 days after the request)
- Forces the state to prove they had probable cause to arrest you and that the testing was properly administered
- Creates an opportunity to cross-examine the arresting officer under oath — testimony that can benefit your criminal case
Even if you're unlikely to win the MVD hearing, requesting it is almost always the right move. It buys time and creates discovery.
Days 1–7: Consult with a DUI attorney
Before your first court appearance (arraignment), talk to a lawyer. Most DUI attorneys offer free initial consultations. You need to know:
- What specifically you're charged with (standard DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI — these have very different penalty ranges)
- What your realistic options are — fight it, plea bargain to a reduced charge, or accept it with minimum penalties
- What your MVD exposure looks like
- What it will cost to hire them
DUI is one of the few areas of criminal law where an attorney's specific DUI experience matters a lot. Ask how many DUIs they've handled, their familiarity with the arresting agency's procedures, and their experience with the judge assigned to your case.
Days 1–15: What NOT to do
- Do not drive after 15 days without the hearing requested. Your license is suspended the morning of day 16 automatically. Driving on a suspended license adds a second, more serious charge.
- Do not contact the arresting officer — even to apologize, explain, or clarify.
- Do not discuss your case with anyone except your attorney. Friends, family, coworkers — anything you say can potentially be subpoenaed as testimony.
- Do not post online. Especially not about drinking, not about the arrest, not about anything that could undermine your defense.
- Do not give additional recorded statements. If the arresting agency calls asking clarifying questions, refer them to your attorney.
- Do not plead guilty at arraignment without a lawyer. A DUI conviction in Arizona carries mandatory jail, ignition interlock, fines, and long-term consequences. Don't make it permanent at your first court appearance.
Days 7–15: Prepare for arraignment
Your first court appearance (arraignment) typically happens 2–6 weeks after arrest. At arraignment, you'll be asked to enter a plea. With a lawyer, you'll plead not guilty. This is not admitting innocence — it's preserving your right to fight the case. A guilty plea at arraignment forecloses all defenses and locks in maximum exposure.
Things to bring to arraignment:
- All paperwork from the arrest
- Driver's license (or copy if surrendered)
- A list of any medications you were taking, medical conditions, and what you ate and drank before the stop
- Any witness contact information
- Proof of employment if jail time is a concern (for potential alternatives like work release)
Understanding what you're facing
Arizona has some of the strictest DUI laws in the United States. Even a first-time DUI carries mandatory consequences:
| Charge | BAC | Min jail | Fines | Suspension |
|---|---|---|---|---|
| Standard DUI | 0.08–0.14 | 10 days (9 suspended if IID) | ~$1,500 | 90 days |
| Extreme DUI | 0.15–0.19 | 30 days | ~$2,700 | 90 days |
| Super Extreme DUI | 0.20+ | 45 days | ~$3,200 | 90 days |
| Aggravated DUI | Any | 4 months prison | $4,500+ | 1–3 years |
Aggravated DUI applies to 3rd offense within 7 years, DUI with a minor under 15 in the vehicle, or DUI on a suspended license.
All first-offense DUIs in Arizona require installation of an ignition interlock device (IID) for at least 12 months after license reinstatement. Full cost of a first DUI typically runs $8,000–$15,000 when you add jail costs, fines, attorney fees, increased insurance (SR-22 for 3 years), classes, IID, and related expenses.
Common DUI defenses worth exploring
DUI charges are defensible. Common challenges:
- No probable cause for the stop. If the officer didn't have legal justification for pulling you over, everything that followed may be suppressed.
- Defective breath testing. The Intoxilyzer 8000 requires specific calibration and administration protocols. Failures to follow protocol can exclude the result.
- Rising BAC defense. Your BAC may have been below the legal limit at the time of driving but above it by the time of testing. This is a real defense, often overlooked.
- Medical conditions. GERD, diabetes, ketogenic diets, and certain medications can affect breath tests.
- Blood draw irregularities. Chain of custody issues, improper preservation, contaminated samples.
- Miranda violations. If statements were taken in violation of your rights, they can be suppressed.
An experienced DUI attorney evaluates each of these in every case. The defense that works varies enormously based on the facts.
What an MVD hearing actually looks like
MVD hearings are informal administrative proceedings, usually held by phone or video. They're conducted by a hearing officer (not a judge). The standard of proof is "preponderance of the evidence" (51%), lower than the criminal "beyond a reasonable doubt."
Three issues typically decide the hearing:
- Did the officer have reasonable grounds to believe you were DUI?
- Were you arrested?
- Did the test results show a BAC above the legal limit, or did you refuse testing?
The state wins most of these hearings, but losing still provides valuable discovery — the arresting officer testifies under oath, and that testimony becomes usable in the criminal case.
Commercial drivers and certain professions
If you hold a CDL, your career is at immediate risk. A DUI conviction — in your personal vehicle or a commercial vehicle — triggers a one-year CDL disqualification minimum under federal law. Licensed professionals (nurses, teachers, attorneys, pilots) face board-level consequences that often exceed the criminal penalty. If any of these apply, get specialized counsel immediately.
Frequently asked questions
Can I drive right now?
Yes — your temporary permit from the arrest is valid for 15 days. After that, you need either the MVD hearing to have been requested (which extends privileges) or a restricted permit granted by the MVD. Driving on a suspended license is a separate criminal charge.
Should I just plead guilty to get it over with?
Almost certainly not. Once you plead guilty, you lock in every consequence — the conviction on your record, the mandatory jail time, the ignition interlock, the insurance increases, the employment impact. At minimum, consult an attorney before pleading.
What's the difference between DUI and DWI in Arizona?
Arizona uses "DUI" (driving under the influence) for all impaired driving offenses. Unlike some states, Arizona doesn't distinguish DUI from DWI. Extreme DUI (0.15+) and Super Extreme DUI (0.20+) are elevated tiers within the DUI framework.
What if I refused the breath or blood test?
Refusal triggers a separate 12-month license suspension (2 years for a second or third offense) regardless of the criminal case outcome. You can still challenge the refusal at the MVD hearing — whether the officer properly informed you of the consequences, whether you clearly refused, whether you were given a meaningful opportunity to consent.
How much does a DUI attorney cost?
In Arizona, typical DUI attorney fees range from $2,500 for a straightforward first-offense DUI handled by plea to $10,000+ for cases going to trial. Extreme and Aggravated DUI cases run higher. Most DUI attorneys charge flat fees rather than hourly.