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After a DUI arrest in Arizona, most drivers focus on the criminal court case, but there’s a second legal process that begins almost immediately: the Arizona MVD (Motor Vehicle Division) hearing. Separate from the courtroom, this administrative hearing determines what happens to your driver’s license. In fact, you can face license suspension even if you’re never convicted in court.
Arizona’s DUI system treats driving privileges as a separate issue from criminal penalties. The MVD hearing is where that side of the process plays out, and it starts fast. If you took or refused a chemical test, the officer likely issued you an Admin Per Se or Implied Consent form, which acts as a temporary driving permit and notice of pending suspension.
You have only 15 days from the date of the arrest or notice to request a hearing. If you don’t, your license suspension begins automatically—regardless of your guilt or innocence. This article explains how DMV hearings work after a DUI arrest in Arizona, what your options are, and what outcomes to expect.
The 15-Day Rule: Acting Quickly Is Critical
In Arizona, once you’re arrested for DUI and receive a notice of suspension, the clock starts ticking. You have 15 calendar days to request a hearing with the Arizona MVD to contest the automatic suspension of your license. If you don’t request it in time, your license will be automatically suspended, even if your criminal case is still pending or never results in a conviction.
Key points to know about the 15-day rule:
- The countdown starts the day you’re served with the Admin Per Se or Implied Consent form
- This is usually done by the officer at the time of arrest or release
- If you request a hearing in time, your license remains valid until the hearing is held and a decision is made
- Failing to respond means a default suspension, which is very difficult to reverse
This deadline is strict. Missing it usually means losing your license for 90 days or longer, depending on whether you refused testing and whether this is your first offense. Taking action immediately after your arrest is one of the most important steps in protecting your driving privileges.
What the DMV Hearing Covers (And What It Doesn’t)
The MVD hearing is an administrative procedure, not a criminal trial. It is held separately from your court case and focuses only on your driving privileges. The hearing is typically conducted by a judge from the Executive Hearing Office, either in person or over the phone.
What the hearing covers:
- Whether the officer had reasonable grounds to believe you were driving under the influence
- Whether you refused or failed a chemical test
- Whether you were properly informed of the consequences
- Whether your BAC was 0.08% or higher (or 0.04% for commercial drivers)
What the hearing does not cover:
- Guilt or innocence in your criminal DUI case
- Potential jail time, fines, or criminal charges
- Legal arguments about constitutional rights or trial procedures
The outcome of your DMV hearing will not affect your criminal case—but losing at the hearing will lead to automatic license suspension, regardless of the outcome in court. Conversely, winning the DMV hearing does not dismiss your DUI charges. These are two separate systems operating on different standards.
How to Request and Prepare for the Hearing
To request a hearing, you or your attorney must submit a hearing request form to the Arizona MVD’s Executive Hearing Office within the 15-day window. Once submitted, the MVD will issue a temporary driving permit that remains valid until your hearing is completed and a decision is issued.
Preparing for the hearing includes:
- Reviewing the arrest report and BAC test results
- Understanding the specific issues the MVD judge will evaluate
- Possibly subpoenaing the arresting officer to appear and testify
- Planning to challenge procedural flaws, such as improper advisement or test irregularities
The hearing is less formal than a criminal trial, but it’s still structured. Both sides can present evidence, cross-examine witnesses, and argue their case. Most drivers choose to be represented by an attorney, since the process can be technical and has high stakes.
The hearing typically lasts 30 to 60 minutes, and a decision is often issued within a week. If the judge rules against you, license suspension begins almost immediately unless other options are available.
License Suspension Outcomes and Duration
If the MVD judge rules against you, your license will be suspended based on the type of violation:
- Admin Per Se Suspension (BAC 0.08% or higher):
90-day suspension for first offense
30 days no driving, followed by 60 days restricted driving (work/school only) - Implied Consent Suspension (Refused chemical test):
1-year suspension for first offense
2-year suspension for second or subsequent refusal
In some cases, you may qualify for a restricted license or ignition interlock device after a certain period, but eligibility depends on the type of suspension and your prior history.
The suspension takes effect regardless of your court outcome. Even if your DUI case is later dismissed or reduced, the MVD action remains valid unless separately appealed and overturned. That’s why handling the DMV hearing properly is just as important as defending your criminal case.
Relationship Between MVD Hearing and Criminal Case
Many drivers are confused by the dual-track system of DUI enforcement in Arizona. On one side is the MVD administrative action, and on the other is the criminal case that unfolds in court. These are independent proceedings with separate rules, standards, and consequences.
Key differences:
- MVD hearing decides license status
- Criminal court decides guilt, penalties, and sentencing
It’s entirely possible to win one and lose the other. For example:
- You could win your MVD hearing and avoid license suspension but still be convicted in court
- You could beat the DUI charge in court but still lose your license through the MVD process
Because the DMV hearing often comes first—and can result in faster consequences—it’s critical not to ignore it while focusing only on your court case.
FAQ
Do I have to go to a DMV hearing after a DUI in Arizona?
No, but if you don’t request one within 15 days, your license will be automatically suspended.
How long does a DMV hearing take?
Most hearings last 30 to 60 minutes, and the decision is issued shortly after.
Can I have a lawyer at the DMV hearing?
Yes. Many drivers choose to be represented due to the technical nature and potential impact of the hearing.
What happens if I miss the 15-day deadline?
You automatically lose your license for the suspension period—no hearing, no appeal.
Does winning the DMV hearing affect my court case?
No. The DMV decision is completely separate from the criminal DUI process.
Is the DMV hearing in person or remote?
Hearings can often be held by phone or video, depending on the court’s schedule and your request.
What if I refused a breath or blood test?
Refusal triggers a 1-year automatic suspension, unless you successfully challenge it at the DMV hearing.
Conclusion
The DMV hearing after a DUI arrest in Arizona is a critical but often overlooked part of the legal process. Separate from your court case, it’s the stage where the state decides what happens to your driver’s license. Missing the 15-day window to request a hearing almost always results in automatic suspension, which can deeply affect your job, mobility, and daily life.
While these hearings are not criminal trials, they are formal and carry significant consequences. Whether you’re dealing with a high BAC result or a refusal to test, the hearing officer will review your case quickly and issue a decision that could impact you for months—or even a year.
To learn more about how Arizona’s DMV process works after a DUI, read DMV Hearings and License Actions After a DUI Arrest. For a step-by-step breakdown of the full legal journey, visit our detailed guide on the DUI Process and Timeline.