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Home › Blog › Admin Per Se License Suspension in Arizona: ARS 28-1385
In Arizona, an arrest for driving under the influence can lead to a license suspension even before formal criminal charges are filed or the criminal case is resolved. Under ARS 28-1385, the admin per se process addresses driving privileges through MVD, separately from prosecution in court. The general suspension is at least 90 consecutive days, with restricted driving options for some eligible drivers.
This article explains the triggering arrests and testing, the Admin Per Se / Implied Consent Affidavit, hearing rights, defenses, restricted driving, and reinstatement.
The deadline deserves immediate attention. Current Arizona MVD guidance provides 30 days to challenge an admin per se suspension. The precise starting point depends on how the notice or order was issued and served. Waiting for a criminal court date or final laboratory report can put that administrative deadline at risk.
Call Rosenstein Law Group at (480) 248-7666 or contact us online as soon as you receive the paperwork. Provide every page of the order and any mailed notice so counsel can confirm the deadline and explain your options.
An administrative suspension is a civil licensing action handled by the Motor Vehicle Division of the Arizona Department of Transportation. It does not require the state to first obtain a criminal DUI conviction.
The criminal case can separately produce jail, fines, treatment requirements, and conviction-related license consequences. A driver may face both proceedings, but the resulting orders and any applicable credit or coordination rules must be reviewed individually. A court appearance is not a substitute for requesting MVD review.
Because the proceedings are separate, a person who disputes the DUI still needs to respond to the administrative notice. Conversely, an administrative ruling is not a verdict on the criminal charge.
The statute applies to specified arrests, including:
The law also addresses submission to a qualifying blood, breath, urine, or other bodily substance test, or a qualifying blood sample obtained under ARS 28-1388. A report can be submitted when results are not yet available; the officer does not necessarily have to wait for a final laboratory report.
The test-result provisions include:
These findings must be evaluated under the actual statutory requirements. A valid prescription is relevant to the drug provision but is not permission to drive while impaired. Where a blood result was unavailable initially, the statute calls for it to be forwarded before the hearing.
The officer generally must submit the certified report within 30 days after arrest. The statute limits MVD’s ability to order an admin per se suspension if that filing requirement is not met, with an exception for violations resulting in death or serious physical injury. The report date and service date are different facts and should be checked separately.
The paperwork may address an alcohol or drug test, a refusal allegation, or both. Read which action is actually being taken. An officer may personally serve the suspension order, or advise that a report will be sent and MVD will provide written notice. It is too broad to say every driver receives an identical affidavit at the same moment as a citation.
The document generally identifies the driver and incident, the alleged offense, the officer’s grounds, available test information, and relevant warnings. The order also explains surrender of an Arizona license, the effective date, hearing or review rights, and screening requirements.
If a valid Arizona license or permit is surrendered under the statute, the officer issues a temporary driving permit valid for 30 days. That permit does not cure another suspension or authorize a person who otherwise lacks a valid driving privilege to drive.
The statutory surrender requirement refers to an Arizona-issued license or permit. A person holding another state’s license can nevertheless lose the privilege to drive in Arizona. MVD can notify the licensing or home state, whose rules may have additional consequences.
Do not assume that retaining a physical out-of-state license means you may drive in Arizona, or that moving home resolves the Arizona proceeding.
An order personally served under the statute generally becomes effective 30 days after service. When MVD issues a notice by mail under subsection (G), the statute addresses receipt of a written request for a hearing or summary review within 30 days from the date of the notice. Follow the instructions applicable to the document you actually received.
Keep the envelope, notice, and any proof of service. Make the request through an accepted MVD process and retain confirmation of receipt. The ADOT Executive Hearing Office provides a secure portal and current instructions. Sending something to the criminal court is not the same as requesting MVD review.
A summary review is based on the reports and your written explanation; it is not a live evidentiary hearing. Counsel can help decide which process fits the issues. Do not use an old form’s deadline in place of the law and instructions applicable to the current notice.
A timely hearing request stays the suspension pending the hearing. A written summary review has its own process and stays the suspension pending the reviewing officer’s decision. Neither should be assumed to cure an unrelated suspension or make an otherwise invalid license valid. Check your actual driving status before driving.
An administrative law judge considers the licensing action. The hearing is less formal than a criminal trial, but testimony, documents, and procedural requirements still matter. Follow the hearing notice for the location or remote appearance instructions and any directions for submitting evidence.
Your attorney may question the officer, present relevant evidence, and make arguments within the permitted scope. Do not assume you can skip the hearing simply because you hired counsel. Confirm attendance requirements and obtain any required approval for a waiver.
The administrative process uses the civil preponderance standard, meaning more likely than not, rather than the criminal trial requirement of proof beyond a reasonable doubt. The evidence still has to establish the issues necessary to sustain the action; a hearing is not simply a request for leniency.
ARS 28-1385 limits the hearing to specified issues, including:
Counsel can review the certified report, laboratory or breath testing records, and the evidence bearing on each permitted issue. Potential challenges include:
The defense can question witnesses and point to inconsistencies or missing proof. The hearing does not resolve every possible defense in the criminal case, and a mere assertion of doubt is not the same as showing that the administrative action lacks the necessary support.
Before deciding whether to testify, discuss how statements at the hearing could affect the related prosecution. Preparing a licensing defense and preparing a criminal defense should be coordinated.
Winning the administrative proceeding does not automatically dismiss the criminal charge. Similarly, a criminal dismissal should not be assumed to cancel an existing MVD order without separate action.
If MVD sustains the action after a hearing, ARS 28-1385(O) generally makes the suspension effective 30 days after written notice of the decision. Read the actual order and any temporary permit; do not assume you can choose any start date.
The general suspension is at least 90 consecutive days. The available paths depend on eligibility and other actions on the driving record:
The 30-day suspension plus restricted-period route requires that the driver did not cause death or serious physical injury in the incident, meets the statute’s prior-DUI-conviction condition, and completes required alcohol or drug screening. The 84-month condition concerns qualifying convictions and the statutory offense-date calculation, not simply whether someone has had a previous admin per se suspension.
A restricted permit is not unrestricted permission to drive. ARS 28-144 identifies applicable purposes, including qualifying travel for:
Read the issued permit for the routes, purposes, and dates it authorizes. Do not assume every errand or court trip is covered because it is important. The law also distinguishes commercial driver license holders. Confirm the actual privilege before driving.
A special ignition interlock restricted driver license, or SIIRDL, may be available to eligible drivers as an alternative. It requires issuance by MVD; installing an interlock alone does not authorize driving.
The process includes verifying eligibility, completing required screening and other applicable program requirements, arranging a certified interlock and its installation report, paying applicable fees, and obtaining the restricted license. Other outstanding licensing actions may affect eligibility. The driver is responsible for interlock expenses and compliance.
An SR-22 is not automatically required for this option. MVD’s financial responsibility guidance specifically states that an SR-22 is not required for a SIIRDL due to admin per se. A different or additional licensing action can carry different requirements.
Under ARS 28-1385(K), issuance waives the right to the administrative hearing under the applicable admin per se or implied consent statute.
That waiver makes the sequence of decisions important. Review the potential hearing issues and the restricted license requirements before choosing a route. MVD’s current DUI guidance explains that SIIRDL eligibility is not available while a hearing is pending, though it may become available afterward.
ARS 28-1321 governs implied consent refusals. It generally provides a 12-month suspension for a first qualifying refusal and two years for a second or subsequent qualifying refusal within 84 months. The same paperwork may refer to both admin per se and implied consent, so read which action applies.
Failure to expressly agree to testing or to successfully complete a required test is deemed a refusal under the statute. The actual request, warnings, response, ability to complete the test, and any delay should be reviewed together.
A refusal does not necessarily prevent collection of a blood sample. An officer may seek a search warrant, and other statutory provisions may apply. Later test results can be relevant to a criminal case even where a separate refusal suspension is alleged.
Do not rely on the phrase “90-day suspension” if the notice concerns refusal. Ask counsel to review the allegation, required warnings, response to testing, and hearing deadline.
At the end of the applicable period, complete MVD’s reinstatement requirements, including required alcohol or drug screening and applicable fees. You may be able to complete some transactions through AZ MVD Now; other circumstances require an MVD office visit.
Confirm that screening completion has been reported and that no additional suspension, revocation, insurance, or interlock requirement prevents reinstatement. Time passing does not, by itself, establish that you are authorized to drive.
Drivers licensed elsewhere must address both Arizona’s operating privilege and any action taken by the home state. Commercial drivers also need a separate review of commercial driving consequences; a standard restricted license should not be assumed to preserve commercial privileges.
The criminal DUI defense remains separate and may involve jail, fines, treatment, and other consequences depending on the charge and outcome. An admin per se hearing does not impose the criminal sentence.
For help with license suspension hearings and the criminal case, learn about Craig J. Rosenstein and request a free consultation. Call (480) 248-7666 and bring the citation, suspension order, mailed notices, and any hearing request confirmation.
Act promptly during the applicable 30-day request period. A pending criminal case does not extend the MVD deadline.