Have A Question? Search This Site:
Missing a scheduled DUI court date in Arizona is a serious matter with immediate and lasting consequences. Whether the absence was intentional, accidental, or due to a misunderstanding, the Arizona court system treats a failure to appear as a separate legal issue—often with more severe penalties than the DUI charge itself.
A missed court date doesn’t make the DUI case go away. In fact, it can escalate the situation dramatically. Judges typically issue a bench warrant for your arrest, and you may face additional criminal charges, license suspension, and financial penalties—even before your DUI case is resolved. Arizona courts do not take missed appearances lightly, especially in DUI cases, which are already treated with strict enforcement across the state.
In this article, we’ll break down what happens when you miss DUI court in Arizona, what the legal system does in response, and what steps can be taken to resolve the issue. Whether you’ve already missed a date or are trying to avoid a mistake, understanding this process is essential for navigating the legal aftermath.
Arizona Courts Will Issue a Bench Warrant Immediately
If you miss a scheduled court date for a DUI case in Arizona, the judge will almost always issue a bench warrant for your arrest. This means you are now legally subject to being taken into custody at any time, whether during a traffic stop, airport security check, or random identification check.
This warrant stays active indefinitely until you take action to resolve it. It also becomes visible on background checks, potentially affecting employment, travel, and housing. The issuance of a bench warrant turns your DUI case into a more serious legal matter, as you are now seen as someone who failed to comply with a direct court order.
In some cases, the court may also impose a bond forfeiture, meaning you lose any bail money previously posted. If you were released on your own recognizance, that privilege is likely gone, and any future court release may require strict conditions or a higher bond.
Ignoring the warrant or waiting for it to “expire” isn’t an option. Arizona courts do not dismiss warrants due to time passage, and they may notify other states, expanding the scope of enforcement across state lines.
Your Driver’s License May Be Suspended
Missing a DUI court appearance in Arizona can also lead to an automatic license suspension by the Arizona Motor Vehicle Division (MVD). Courts notify the MVD when a defendant fails to appear, and the agency typically responds by placing a hold or suspension on your driving privileges.
This suspension can occur even if the underlying DUI charge has not yet been resolved. The logic is simple: failure to appear signals noncompliance, which the state views as a public safety risk. Until the court case is addressed and the warrant is resolved, you may not be able to:
- Renew your license
- Obtain a restricted license
- Reinstate a previously suspended license
If you’re caught driving while under a license suspension due to failure to appear, you may face additional charges, including Driving on a Suspended License, which is a Class 1 misdemeanor in Arizona and can include jail time, fines, and vehicle impoundment.
Additional Criminal Charges May Be Filed
Arizona law allows for the filing of additional charges against individuals who fail to appear in court for a scheduled criminal matter. Under A.R.S. § 13-2506, a person who knowingly fails to appear for a required court date can be charged with Failure to Appear in the First Degree, a Class 5 felony, depending on the circumstances.
This charge is separate from your DUI and may carry its own set of penalties, including:
- Up to 2 years in prison
- Fines
- Extended probation
- Loss of eligibility for plea deals on the original DUI charge
Failing to appear may also negatively influence the outcome of your DUI case. Prosecutors may be less willing to offer favorable resolutions, and judges may impose stricter sentencing for both the DUI and any related charges.
Even if your absence was unintentional—due to illness, travel issues, or misunderstanding—it is still classified as a criminal offense until resolved. Documentation may help mitigate the outcome, but it must be handled through the proper legal process.
Missed Court Dates Can Jeopardize Plea Agreements or Diversion
In some Arizona DUI cases, eligible individuals may be offered plea deals or diversion programs that can reduce the severity of penalties or help avoid a conviction. However, these options are usually off the table once you fail to appear in court.
Judges and prosecutors view court compliance as a critical indicator of a defendant’s willingness to follow legal requirements. Missing a scheduled hearing—even once—can be enough to disqualify you from:
- Deferred sentencing
- Probation-only outcomes
- Reduced charges
- Diversion or education-based alternatives
This is particularly relevant for first-time DUI offenders, where plea deals are more common. Once you’ve missed court, you may face the full extent of statutory penalties, including mandatory jail time, license revocation, and ignition interlock requirements.
How to Resolve a Missed DUI Court Date in Arizona
If you’ve already missed a DUI court date in Arizona, it’s important to take action immediately. Delays only increase the risk of arrest, additional charges, and loss of legal options.
Here are steps to take:
- Contact the court that issued the warrant: You can confirm the status of the case, the warrant, and whether you need to appear in person to quash it.
- File a Motion to Quash the Warrant: This may require appearing before a judge to explain why you missed the date.
- Hire legal representation: An attorney can often appear on your behalf, file motions, and negotiate a resolution.
- Prepare to face consequences: Even with valid reasons, judges may still impose penalties. However, prompt action can reduce their severity.
- Comply with all follow-up requirements: Once your case is back on the docket, show up for every hearing and complete all conditions to avoid further issues.
It’s not too late to correct the situation, but every day counts once a failure to appear is on record.
FAQ
What happens if I miss DUI court in Arizona?
A bench warrant is issued, your license may be suspended, and you may face additional criminal charges—even if the DUI hasn’t been resolved.
Is failure to appear a felony in Arizona?
Yes, it can be. Under certain conditions, missing a DUI-related court date can result in a Class 5 felony charge.
Can I get arrested for missing DUI court?
Absolutely. If there’s a bench warrant, you can be arrested at any time, anywhere, until the warrant is resolved.
Will my driver’s license be affected?
Yes. The Arizona MVD may suspend your license or place a hold on it, blocking renewals and reinstatements.
Can I fix this without going to jail?
Possibly. If you act quickly, you may be able to quash the warrant and avoid jail, especially with the help of legal counsel.
Does missing court affect my original DUI case?
Yes. It may disqualify you from plea deals or diversion programs and could result in stricter sentencing.
Conclusion
Missing a DUI court date in Arizona is far more than a scheduling error—it’s a serious legal event that can trigger bench warrants, license suspension, and even felony charges. The court sees a failure to appear as a violation of public trust, especially in DUI cases, which are already subject to strict enforcement.
Fortunately, if you act quickly and follow the proper procedures, you may be able to quash the warrant, restore your license, and get your case back on track. But ignoring the problem only increases your legal exposure and limits your options moving forward.
To learn more about how DUI laws and court procedures vary across the country, visit the How DUI Laws Differ From State to State page. For a complete overview of DUI regulations nationwide, check out the State By State DUI Laws hub.