If you were recently arrested for DUI in Arizona, you may have received paperwork warning that your driver’s license suspension can take effect quickly, often within 15 days or 30 days depending on how the order is issued. Under A.R.S. § 28-1385, two distinct deadlines apply depending on how the suspension notice is issued: the department’s mailed suspension notice triggers a thirty-day hearing request, while the officer-served Admin Per Se form at the scene carries a fifteen-day request deadline. The suspension order itself becomes effective 15 days after it is served. This narrow window is your opportunity to request an administrative hearing with the Arizona Motor Vehicle Division (MVD) to challenge the suspension and preserve your driving privileges. Missing this deadline can mean losing your license without presenting your side of the story.
If you are facing a DUI arrest in Phoenix and need guidance on protecting your license, Suzuki Law can help. Call 602-682-5270 or reach out online to discuss your options before time runs out.
How the 30-Day MVD Suspension Timeline Works After a DUI Arrest Phoenix
When a law enforcement officer arrests you for DUI and your breath or blood test shows a blood alcohol concentration (BAC) of 0.08 or more, Arizona law requires the officer to serve you with an administrative suspension order immediately. Under A.R.S. § 28-1385, the officer must forward a certified report to MVD within 30 days if test results meet or exceed the legal limit (0.08 for standard drivers, or 0.04 for commercial motor vehicle drivers) or if results are not yet available. Depending on how the order is issued, the applicable deadline to request a hearing may be fifteen days (for the officer-served Admin Per Se form at the scene) or thirty days (when MVD mails its own notice after receiving the certified report), creating an urgent deadline.
This administrative process is entirely separate from the criminal DUI case. Even if criminal charges are later reduced or dismissed, the MVD suspension can stand independently. Understanding the Arizona DUI MVD process and acting quickly is critical to protecting your driving privileges.
💡 Pro Tip: Keep a copy of every document the officer hands you at arrest. The date on the suspension order starts your request clock, and having that paperwork ready speeds up your hearing request.
Requesting an MVD Hearing Before the Deadline
To prevent automatic suspension, you must submit a hearing request to MVD before the applicable deadline for the type of suspension notice you received. A timely request stays (delays) the suspension until the hearing is held. MVD will not return a surrendered license during this period, but it may issue temporary driving permits so you can continue driving while your case is pending.
When MVD mails its own written suspension notice (such as when blood test results were unavailable at arrest), the hearing request deadline under A.R.S. § 28-1385 is 30 days from the date of that notice. When the officer serves the suspension order at the scene (the Admin Per Se form), the hearing request deadline is 15 days from the date of service. Requesting the hearing as early as possible helps ensure you receive the stay and avoid any gap in driving privileges.
What Happens Once MVD Receives Your Request
After MVD receives your timely hearing request, the department must schedule your hearing within 60 days. The hearing may be conducted in person, by telephone, or by videoconference. During this period, the suspension is paused, and you retain driving ability under any temporary permit MVD issues.
💡 Pro Tip: Submit your hearing request in writing and keep proof of delivery. Whether using certified mail, fax, or hand delivery, a documented receipt protects you if MVD claims it never received your request.
What Issues the DUI Administrative Hearing AZ Covers
The scope of an MVD implied consent hearing is limited by statute. Under A.R.S. § 28-1385(M), the administrative law judge (ALJ) may only consider specific issues. The hearing focuses on:
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Whether the officer had reasonable grounds to believe you were driving under the influence
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Whether you were placed under arrest for a qualifying DUI offense and the officer complied with implied consent requirements
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Whether the chemical test results met or exceeded the applicable BAC threshold (0.08 for standard drivers, 0.04 for commercial drivers)
These narrow issues mean the ALJ will not consider broader constitutional challenges. However, successfully contesting even one element can void the suspension. For example, if the officer lacked reasonable grounds for the traffic stop, the suspension may not stand.
Challenging the Officer’s Reasonable Grounds
One common defense involves questioning whether the officer truly had reasonable grounds to believe you were impaired. Errors in field sobriety testing, police report inconsistencies, or dashcam footage contradicting the officer’s account may all be relevant. Knowing what to do if stopped for a DUI in Arizona can help protect these potential defenses from the first moment of the encounter.
💡 Pro Tip: Request a copy of the officer’s certified report and any dashcam or bodycam footage immediately. This evidence is essential for challenging reasonable grounds at the MVD hearing and may help your criminal defense.
The Summary Review Alternative: A Faster Path to a Decision
If attending a full hearing is not practical, Arizona law provides a second option called a summary review. Under A.R.S. § 28-1385(L), you may request a summary review instead of a hearing, provided the request is received within the applicable deadline. The process is governed by Arizona Administrative Code § R17-1-513.
During a summary review, the ALJ examines documents in the Executive Hearing Office case file and issues a written decision sustaining or voiding the suspension, without the petitioner being present. You or your attorney may submit a written statement explaining why MVD should not suspend your driving privileges.
| Full MVD Hearing | Summary Review | |
|---|---|---|
| Your Presence | Required (in person, phone, or video) | Not required |
| Evidence Considered | Testimony and documents | Case file documents only |
| Written Statement | May present arguments live | May submit written statement |
| Timeline | Scheduled within 60 days | Reviewed based on submitted file |
| Outcome | ALJ sustains or voids suspension | ALJ sustains or voids suspension |
When a Summary Review May Make Sense
A summary review can be useful when the officer’s report contains clear factual errors or when the certified report was not filed within the required timeframe. However, because you cannot present live testimony or cross-examine the officer, this option generally offers less opportunity to challenge evidence. Many drivers benefit from consulting a DUI lawyer in Phoenix before deciding which path to pursue.
Implied Consent Refusals Carry a Different Deadline Under ARS 28-1321
If you refused the chemical test rather than failing it, a separate statute governs your timeline. Under A.R.S. § 28-1321, when a person refuses a DUI chemical test, the officer serves an order of suspension that becomes effective 30 days after service. If a valid license or permit is surrendered, the officer issues a temporary driving permit valid for thirty days. This aligns the refusal timeline with the thirty-day period that applies in many other MVD-administered notice situations.
Refusal cases carry longer suspension periods, 12 months for a first refusal and two years for a second or subsequent refusal within 84 months, making prompt hearing requests even more important. The refusal hearing scope is similarly limited, focusing on whether the officer had reasonable grounds to believe you were driving under the influence, the circumstances of the arrest, whether you refused to submit to the chemical test, and whether you were properly advised of the consequences of refusal.
💡 Pro Tip: Even if you believe you had good reason to refuse the test, you must still file a timely hearing request to present your case.
What Happens if the Suspension Is Upheld by a DUI Lawyer in Phoenix Perspective
If the ALJ sustains the suspension after a hearing, the ALJ may set a specific suspension start date, but will generally not delay it more than 30 days from the hearing decision. There is no fixed statutory 15-day post-notice effective date that automatically applies after a hearing sustains the suspension; instead, the ALJ’s decision will specify the effective date or a short allowable delay.
From a defense standpoint, even an unfavorable MVD outcome does not determine the result of your criminal case. The administrative hearing and criminal proceeding operate under different burdens of proof and evidence rules. Insights gained during the MVD hearing, such as weaknesses in the officer’s testimony, can strengthen your position in court.
Protecting Your License and Your Record
Acting within the applicable deadline is one of the most important steps after a DUI arrest. Beyond preserving short-term driving privileges, the hearing creates a record your defense attorney can use when preparing your criminal case.
💡 Pro Tip: If you hold a commercial driver’s license, be aware that a suspension under these statutes can have additional CDL consequences. The BAC threshold is lower (0.04), and the impact on your livelihood may be more severe.
Frequently Asked Questions
1. What is the 30-day hearing deadline for a license suspension after a DUI in AZ?
The applicable deadline depends on how the suspension notice is issued. For an officer-served Admin Per Se order at the scene, you generally have 30 days from the date of service to request an MVD hearing to stay the suspension. When MVD mails its own written suspension notice after receiving the certified report, the hearing or summary review request must be received by MVD within 30 days from the date of that mailed notice.
2. Does requesting a hearing let me keep driving during the process?
Yes. A timely hearing request stays the suspension until the hearing is held. MVD may issue temporary permits during this period, though it will not return a surrendered license.
3. Can I request a summary review instead of attending a full hearing?
Yes. A.R.S. § 28-1385(L) allows you to request a summary review instead of a full hearing, provided the request is timely. The ALJ will review the case file and issue a written decision without requiring your presence.
4. What does the ALJ consider at the MVD hearing?
The hearing scope is limited to specific issues: whether the officer had reasonable grounds to believe you were DUI, whether the arrest was for a qualifying offense with implied consent compliance, and whether test results met the applicable BAC threshold.
5. Is the MVD administrative hearing the same as my criminal DUI case?
No. The MVD hearing is a separate administrative proceeding focused solely on driving privileges. It does not determine guilt or innocence on criminal charges and operates under different procedural rules.
Take Action Before the Clock Runs Out
The MVD hearing deadlines after a DUI arrest in Arizona are among the tightest timelines in the state’s administrative process. Whether you need to challenge the officer’s reasonable grounds, question test result accuracy, or preserve your ability to drive while your case is pending, every day matters. Understanding the distinction between the 15-day deadline for officer-served Admin Per Se orders, the 30-day deadline when MVD mails a separate notice, and the separate refusal timeline under A.R.S. § 28-1321 can make the difference between keeping your license and losing it by default.
If you have been arrested for DUI in Phoenix, the team at Suzuki Law is ready to help you navigate the MVD process and protect your rights. Call 602-682-5270 or contact us today to get started before your deadline passes.
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