Get Your AZ License Back after a DUI

Lerner & Rowe Law Group
Get Your AZ License Back

Two of the most common concerns a driver may have after a DUI in Arizona is how long their driver’s license will be suspended and how to get their license back. The primary factor that will determine how and for long your driving privileges are suspended and when driving privileges can be reinstated in Arizona is whether the suspension is administrative or the consequence of a DUI conviction

Driver’s License Suspended After DUI Arrest

Under Arizona’s Admin Per Se / Implied Consent laws, a person’s driving privileges can be suspended following a DUI arrest without the filing of formal charges or a DUI conviction. 

  • Admin Per Se Suspension: This is a 90-day suspension. During the DUI investigation the officer will ask you to consent to a test of your blood, breath, or urine to determine your BAC or the presence of illegal drugs.  If you consent and the results show an alcohol concentration of at least .08, then a 90-day suspension is triggered
  • Implied Consent Suspension: This is a one-year license suspension. You can refuse the officer’s request for a chemical test. But refusing triggers a 12 month driver’s license suspension. It’s important to know that refusing the officer’s request is unlikely to have any meaningful benefit. When a person refuses to consent to a test the officer will apply for a telephonic search warrant. Telephonic warrants are commonly used in Arizona and can be granted in 15 minutes. Thus, refusing often results in police obtaining a search warrant and court order allowing, plus the 1-year suspension.

Driver’s License Suspended Due to DUI Conviction

If a person is convicted of any misdemeanor DUI offense, and their license has not been previously suspended for the DUI, it will be suspended for no less than 90 days pursuant to A.R.S. 28-1387.

Restricted License for DUI

First-time offenders may be eligible to get limited (or restricted) driving privileges back after serving 30 days of the Admin Per Se Suspension. Or, for up to 90 days under the implied consent law.

Here are more specific details about these two Arizona restricted license laws for DUI convictions:

  • Admin Per Se – Restricted License: A restricted permit is eligible after 30 days. Restricted driving is permitted for the remaining 60 days.
  • Implied Consent – Restricted License: A restricted permit is eligible after 90 days. Restricted driving (with an interlock device) is permitted for the remaining 9 months. Conversely, more severe or repeat offenders may have to wait up to two years to get their driver’s license fully reinstated. Additionally, a driver may also be required to pay fines and/or fees, receive mandatory drug and alcohol counseling before reinstatement, and other DUI penalties

To help explain the process of reinstatement further, our Arizona DUI lawyers put together the following guide. 

How to Reinstate Your Driving Privileges in Arizona

Once you are eligible to reapply for driving privileges, you may be required to take the following steps after a DUI suspension in Arizona:

  1. Pay reinstatement and application fees
  2. Complete an alcohol/drug screening with a licensed counselor
  3. Complete a traffic survival course
  4. Provide and maintain proof of future financial responsibility (known as a SR-22) for three years from the date you become eligible for reinstatement

Why Do I Have to Obtain Proof of Future Financial Responsibility?

There are a few circumstances where a driver may not need to provide proof. If in doubt, contact an experienced DUI lawyer for a free consultation to verify if this step is required.

However, you will be required to obtain a SR-22 if your license was suspended because you received a:

  • Court-conviction suspension for DUI 
  • Implied-consent suspension for refusal or failure to complete a drug or alcohol test

The same proof of future financial responsibility requirement also applies to those found in violation of Arizona vehicle insurance laws.

How Do I Obtain a SR-22?

For alcohol- and drug-related license suspension in Arizona, AZ Department of Transportation (AZDOT) states that drivers are required to obtain a SR-22 from a liability insurance representative licensed to conduct business in the state of Arizona. 

This certificate of insurance may also be obtained from the Arizona Office of Treasurer. The minimum limit of liability required in Arizona is $40,000. 

Drivers are also required to maintain proof of coverage for three years from the date you become eligible for reinstatement.

What Happens If I Fail to Maintain Proof of Coverage?

If you fail to maintain proof, your driving privileges will remain suspended until proof is re-established and provided. 

17 Substantial Changes to the Suspension Law Effective January 1,  2023

Effective January 1, 2023, a new Arizona law allows a person whose driving privileges have been suspended for driving under the influence (DUI) to apply for a special ignition interlock restricted driver license (SIIRDL) before serving a minimum amount of the required suspension period. 

More specifically, the new 2023 Arizona DUI suspension law:

  1. Allows a person who is subject to driving privilege suspension due to a DUI test refusal to apply for a SIIRDL after completing any ordered alcohol or drug screening, before serving 90 consecutive days of the suspension period.
  2. Requires ADOT to issue a SIIRDL upon request to a person who would otherwise be eligible for a 30-day driving privilege suspension and subsequent 60-day driving privilege restriction if the person meets other requirements.
  3. Removes the requirement that a person must not have had their driving privileges suspended for a DUI test refusal or an administrative license suspension within the last 84 months in order to qualify for a SIIRDL.
  4. Includes the amount of time that a certified IID is installed on a person’s vehicle for DUI violations, after the installation is authorized by ADOT and if the person is issued a SIIRDL, as time-served toward the required amount of time a person must have an IID installed in any motor vehicle the person operates.
  5. Removes the prohibition against a SIIRDL reducing or eliminating the required use of an IID.
  6. Removes locational restrictions between which a person issued a SIIRDL may operate a motor vehicle, except that a person who does not request a SIIRDL and whose driving privileges are restricted is still subject to locational restrictions.
  7. Specifies that a person may apply for a SIIRDL if the person’s driving privilege has been restricted, suspended or revoked if the DUI offense involved only alcohol or, if the person’s alcohol concentration was more than 0.08, a combination of drugs and alcohol.
  8. Effectuates an order for license suspension 30 days, rather than 15 days, after the date the order is served.
  9. Increases, from 15 days to 30 days, the time a temporary driving permit is valid if         a person surrenders a valid license or permit.
  10. Increases, from 15 days to 30 days, the amount of time a person can request a hearing and summary review of an order of suspension.
  11. Specifies that a person who applies for and is issued a SIIRDL pursuant to a DUI test refusal or an administrative license suspension agrees to the administrative action taken by ADOT against the person’s license.
  12. Specifies that, once ADOT issues a SIIRDL, the person waives any right to an administrative hearing contesting the administrative action against the person’s license.
  13. Requires an order of suspension to inform the person that the person’s driving privilege may be issued or reinstated following the issuance of a SIIRDL, only if the person completes alcohol or drug screening.
  14. Specifies that certain DUI violations consist of driving or being in actual physical control of a vehicle while under the influence of any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  15. Modifies requirements relating to the manner and format of information that must be reported to ADOT by an IID manufacturer.
  16. Requires ADOT to reject any IID manufacturer information that does not meet prescribed reporting requirements.
  17. Makes technical and conforming changes.

How Can an Arizona DUI Lawyer Help?

The changes to the rules regarding DUI license suspensions are significant.  As such, it is best to work with a DUI  lawyer in Arizona DUI who is familiar with the changes to the law to better assist drivers who face a DUI-related license suspension.  

In this way, an attorney can evaluate your charges and help determine whether or not it would be possible or even in your best interest  to contest the suspension via an MVD hearing. The changes to the SIIRDL laws may actually make in beneficial to 

DUI lawyers can also negotiate reasonable time frames to pay fines and fees, perform community service and participate in alcohol counseling. Or, get a DUI charge reduced, set aside, or even dismissed when possible. 

Take Steps to Reclaim a Suspended Arizona License

At Lerner and Rowe Law Group, our DUI attorneys have successfully represented clients that need help getting their driver’s license back in cities throughout Arizona. This includes: Phoenix, Tucson, Mesa, Arrowhead/Glendale, Scottsdale, and Bullhead City.

We are here to help you get back in the driver’s seat as soon as possible so that you can regain control of your life. 

Contact Lerner and Rowe Law Group’s DUI legal team today and schedule a free, no obligation consultation by phone at 602-667-7777, through a convenient and secure online form, or by using our LiveChat feature. Our criminal defense law firm offers affordable and also, reasonable payment plans on a per client, per case basis.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.