Why Your License Is at Risk Even if You Beat the Criminal Case

Dec 8

Arizona DUI and the MVD

When most people are arrested for DUI in Arizona, their attention immediately focuses on the criminal charges. They worry about jail time, fines, and what a conviction will mean for their record. What many don’t realize is that the Arizona Motor Vehicle Division (MVD) has its own separate process that can suspend your license—even if you are later found not guilty or your case is dismissed.

This is one of the most confusing parts of a DUI arrest in Arizona. Clients often tell me, “But my BAC was under the limit,” or, “My charges were dropped, so my license should be safe, right?” Unfortunately, that’s not how the system works. The MVD operates independently from the courts. If you don’t take quick action, you can lose your license automatically.

In this post, I’ll walk you through what happens with the MVD after a DUI arrest, what deadlines you can’t afford to miss, and the steps you must take to protect your ability to drive.

The Admin Per Se Process: 30 Days to Act

When you are arrested for DUI, the officer typically serves you with a pink or yellow form called an Admin Per Se/Implied Consent Notice. This form is not just paperwork—it is the official start of the MVD’s suspension process.

From the date you are served, you have 30 days to request a hearing with the MVD. If you do nothing, your license will be automatically suspended. This is true even if your BAC was below the legal limit or if your case is later dismissed in court.

It’s important to understand that the Admin Per Se process is civil, not criminal. The outcome does not depend on your court case. That means you could be acquitted in criminal court but still face an MVD suspension if you didn’t request a hearing or meet the requirements.

Why You Must Complete a Substance Abuse Screening

Many people are surprised to learn that a substance abuse screening is required before you can get your license reinstated. This is not optional—it applies whether you are applying for a restricted license, a SIIRDL (Special Ignition Interlock Restricted Driver’s License), or full reinstatement.

The screening must be done through a provider approved by the Arizona Department of Health Services. Completing this step early can save you time and prevent delays later. Even if your case is dismissed, you’ll still need the screening to get your license back.

In my experience, clients who handle this step right away have a much smoother process when it’s time to reinstate. Waiting until the last minute often means scrambling and unnecessary stress.

Don’t Act Until You Hear from MVD

Another mistake I see people make is trying to get ahead of the process without guidance. For example, some clients assume they should install an ignition interlock device right away. That is not the case.

Never install an interlock until MVD tells you to. Installing it early does not give you credit for the time and can end up costing you extra money.

Instead, create an account at azmvdnow.gov as soon as possible. MVD has a history of not sending paper notices in the mail—so its best to check their system directly online. By checking your account regularly, you’ll know exactly what MVD requires of you and when deadlines are approaching.

The Scope of an MVD Hearing

Clients are often surprised by the limitations of MVD hearings. These hearings are not a chance to argue your case in whole or explain your circumstances. Instead, the hearing officer is looking at a very narrow set of issues.

If You Consented to Testing

If you agreed to a breath or blood test, the hearing officer only considers three questions:

Did the officer have reasonable grounds to believe you were driving under the influence?
Were you lawfully arrested?
Was your BAC over the legal limit?

That’s it. The hearing is not about guilt or innocence in your criminal case.

If You Refused Testing

If you refused a test, the hearing officer decides:

Did the officer have reasonable grounds to believe you were impaired?
Were you properly advised of the consequences of refusal?
Did you actually refuse the test?

Refusal has harsh consequences. A first refusal results in a one-year license suspension. A second refusal within seven years means a two-year suspension. To qualify for an SIIRDL during this time, you must complete a substance abuse screening and meet other requirements.

What If Your Case Is Dismissed Later?

This is one of the most significant sources of confusion. Many people think that if their DUI is reduced or dismissed in court, the MVD suspension will disappear, too. Unfortunately, that’s not how it works.

The MVD process is completely separate from the criminal process. That means you could walk out of court with your case dismissed but still be without a license because you missed your MVD hearing deadline. Likewise, even if your BAC was under the limit, the MVD can still suspend your license if the officer claimed reasonable grounds for arrest.

This is why it’s so important to treat the MVD case as its own battle. Ignoring it or assuming the court outcome will fix it is one of the most costly mistakes people make.

Why an Attorney Matters in the MVD Process

The MVD process is technical and deadline-driven. Missing a single step can result in months—or even years—without a license. An experienced DUI defense attorney not only fights your criminal charges but also protects your driving privileges by:

Requesting the MVD hearing on time.
Guiding you through the screening process.
Making sure you don’t take unnecessary or premature steps (like installing an interlock too early).
Representing you at the hearing and holding the state to its burden of proof.

In Pima County, I’ve handled hundreds of DUI cases in Justice Court, City Court, and Superior Court. I am familiar with how the Administrative Law Judges approach these cases, and I am aware of the common pitfalls people encounter with the MVD. My goal is to protect both your license and your future.

Final Thoughts: Two Cases, One Arrest

A DUI arrest in Arizona creates two separate cases: the criminal case in court, and the civil case with MVD. You cannot afford to ignore either one.

The criminal case can lead to jail, fines, and a conviction on your record.
The MVD case can take away your license, even if you win in court.

By acting quickly—requesting your hearing, completing your screening, and monitoring your MVD account—you put yourself in the best position to minimize the damage and move forward with your life.

If you or someone you know has been arrested for DUI in Tucson or Pima County, don’t wait until it’s too late. Call AJB Law Firm today, and let’s make sure both your court case and your MVD case are handled the right way.