Arizona record

Arizona DUI license suspension hearing deadline

Last verified

High confidence
What the state calls it
DUI at 0.08 BAC or above for most adult drivers
Administrative action
Admin per se and implied consent suspension: 90 days where a test showed 0.08 or above, 12 months for a refusal
Deadline to contest
30 calendar days
What starts the clock
A.R.S. § 28-1385(G)(2)(c) requires that the request "be received by the department within thirty days after the date of the notice or the order of suspension becomes final," and § 28-1385(D)(1) makes the order effective 30 days after it is served. ADOT MVD states you have 30 days from the date on your suspension notice.
Agency
Arizona Department of Transportation, Motor Vehicle Division. Hearings are held by the ADOT Executive Hearing Office.
How to request
The order served by the officer comes with printed forms ready to mail to the department, and you may instead submit the request online. ADOT also accepts requests by email, fax on (602) 241-1624, mail to the Executive Hearing Office, or in person in Phoenix. You may alternatively ask for a summary review, a paper review with no live hearing, at any time before the order takes effect.
If the deadline passes
The order becomes final and takes effect 30 days after it was served, and the suspension can no longer be challenged. ADOT MVD states plainly that missing the deadline means your suspension cannot be challenged. A timely request stays the suspension until the hearing is held.
Temporary permit
Commonly 30 days
If the test was refused
Refusal runs under a different statute, A.R.S. § 28-1321, but the 30 day request window and the 30 day temporary permit are the same. The penalty is much heavier: 12 months for a refusal, or two years for a second refusal within 84 months, against a 90 day suspension for a test at 0.08 or above.
Statute
A.R.S. § 28-1385, A.R.S. § 28-1321, A.R.S. § 28-1381

What this means after an arrest in Arizona

An arrest in Arizona normally starts two separate processes. The criminal DUI case goes to court on its own timetable. Separately, Arizona Department of Transportation, Motor Vehicle Division. Hearings are held by the ADOT Executive Hearing Office. can act against your license, and you have 30 calendar days to contest that.

The clock is described in the source as: A.R.S. § 28-1385(G)(2)(c) requires that the request "be received by the department within thirty days after the date of the notice or the order of suspension becomes final," and § 28-1385(D)(1) makes the order effective 30 days after it is served. ADOT MVD states you have 30 days from the date on your suspension notice. That wording matters, because the date on your notice is what counts, not the date you got around to reading it.

What is different about Arizona

Be careful with what you read elsewhere about Arizona. A great deal of published content still says you get 15 days and a 15 day permit. The current statutes and the ADOT MVD DUI page both say 30 days for the request, 30 days for the temporary permit, and 30 days before the order takes effect. The 15 day figure appears on ADOT's general hearing page, but that covers ordinary MVD corrective action notices rather than DUI. There is also a trade off worth understanding: taking the special ignition interlock restricted licence waives your right to an administrative hearing under § 28-1385(K).

What to do first

  • Find the paperwork you were given at the roadside and check the date printed on it.
  • Contact Arizona Department of Transportation, Motor Vehicle Division. Hearings are held by the ADOT Executive Hearing Office. or a Arizona defense attorney about the hearing request before the deadline above.
  • Keep a copy of everything you send, with the date you sent it.
  • Read what to do after a DUI arrest for the wider picture, including the criminal case.

Sources

  1. A.R.S. § 28-1385 — Administrative license suspension for driving under the influenceArizona State Legislature (accessed 2026-08-20)
  2. A.R.S. § 28-1321 — Implied consent; refusal to submit to testArizona State Legislature (accessed 2026-08-20)
  3. Driving Under the Influence (DUI)Arizona Department of Transportation, MVD (accessed 2026-08-20)
  4. Requesting a HearingADOT Executive Hearing Office (accessed 2026-08-20)
Change history
  • 2026-08-20Record created from A.R.S. §§ 28-1385 and 28-1321 and ADOT MVD pages. Note: corrects the widely repeated 15 day figure. (casey-meraz)

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