Right now, your mind is probably racing, and you’re feeling unsure about your future. Take a breath. A DUI charge isn’t good, but it’s not the end of the road. You have rights, you have options, and how you respond in the next 15 days matters more than you might think.
First, in Arizona, you only have 15 days from the date of your arrest to request a hearing to fight your license suspension. Miss that window and your license gets suspended automatically with no exceptions.
When you were arrested, the officer likely took your physical license and handed you a document called an Admin Per Se Affidavit, that paper is your temporary 15-day driving permit, and it has instructions for requesting your hearing. You can call the MVD (Arizona Motor Vehicle Division) directly, do it online at azmvdnow.gov, or have a criminal law attorney (such as our firm) handle it for you. Once you request the hearing, your temporary driving privileges get extended while you wait so you won’t be stranded in the meantime. If you didn’t receive that affidavit or can’t find it, contact the MVD or a criminal law attorney right away.
Beyond that, the two most important things you can do right now are say nothing to police or prosecutors without a criminal law attorney present, and write down every detail you remember about your arrest while it’s still fresh—where you were, what the officer said, how the tests were done. Those details will come in handy for your attorney. Let’s break it down.
What Arizona Law Says About DUIs
Arizona is one of the toughest states in the country for DUIs. Law enforcement here is very active; you’ll find DUI task forces running checkpoints and patrols regularly, especially on weekends and around major events at Chase Field or State Farm Stadium.
Here’s the basic breakdown of how Arizona categorizes DUI offenses:
- Standard DUI — Blood alcohol concentration (BAC) of 0.08% or higher
- Extreme DUI — BAC of 0.15% or higher
- Super Extreme DUI — BAC of 0.20% or higher
- Drug DUI — Impaired by marijuana, prescription meds, or any other substance, regardless of BAC
Even a first-offense standard DUI can mean a minimum of 24 hours in jail (often more), fines that quickly climb past $1,500, a 90-day license suspension, mandatory installation of an ignition interlock device on your car, and required alcohol screening and treatment classes. For extreme or super extreme DUIs, those penalties go up significantly; we’re talking mandatory 30–45 days in jail for a first offense.
It’s a lot, which is exactly why how you respond matters.
What Happens After a DUI Arrest, And The Exact Steps You Need to Take
A lot of people don’t realize that a DUI sets off two completely separate processes at the same time: a criminal case through the courts, and a license suspension through the MVD. Here’s what the process for both looks like:
Step 1: Your License Suspension, the 15-Day Deadline, and Hiring a Criminal Law Attorney
After your arrest, this is the next step. Arizona law triggers an automatic license suspension the moment you’re arrested for a DUI.
If you failed the breath or blood test (BAC of 0.08% or higher), your license is suspended for 90 days.
If you refused testing, your license is suspended for 1 year.
When you were arrested, the officer likely took your physical license and gave you a document called an Admin Per Se Affidavit. That paper serves as your temporary 15-day driving permit and it contains instructions for requesting an MVD hearing to challenge the suspension.
You have 15 days from your arrest date to request that hearing. If you don’t, the suspension happens automatically with no way to appeal it. Once you do request it, your temporary driving privileges get extended while you wait for your hearing date, so you won’t be left without a way to get around.
To request your hearing:
- Call the MVD at 602-255-0072
- Go online at azmvdnow.gov
- Have your attorney request it on your behalf (which is the safest option)
If you can’t find your affidavit or weren’t given one, contact the MVD or an attorney immediately. Don’t wait.
Step 2: Your First Court Date (Arraignment)
Within a few weeks of your arrest, you’ll receive a court date in a Phoenix municipal or justice court. This first appearance is called your arraignment, and it’s pretty straightforward but very important. At your arraignment:
- You’ll be formally told what charges are being brought against you
- You’ll enter a plea, which is almost always “not guilty” at this stage, regardless of the circumstances
Pleading not guilty at arraignment is standard and doesn’t mean you’re committing to going to trial. It simply preserves all of your options while your attorney has time to review the evidence.
Step 3: Charges Filed by the Prosector
Around the time of your arraignment, the prosecutor is reviewing your case. That includes the police report, BAC results, dashcam footage, and anything else collected during your arrest. Based on that review, they formally filed charges. Those charges could be:
- Standard DUI — BAC of 0.08% or higher, or impaired by drugs or alcohol
- Extreme DUI — BAC of 0.15% or higher
- Super Extreme DUI — BAC of 0.20% or higher
- Aggravated DUI — more serious circumstances, such as a prior DUI conviction, a suspended license at the time of arrest, or a child in the vehicle. This is a felony.
The charges filed will define everything that comes next: penalties, negotiations, and defense strategy.
Step 4: Release Conditions
If you’ve been released from custody (which is the case for most first-time DUI arrests), the court may attach conditions to that release. These can include:
- No alcohol consumption
- Random drug or alcohol testing
- Travel restrictions
- Check-ins with a pretrial services officer
Violating any of these conditions can land you back in custody before your case is even resolved, so take them seriously.
Step 5: The Pretrial Process
This is where having a criminal attorney makes all the difference in your case.
During the pretrial phase, your attorney will:
- Review all the evidence — police reports, bodycam and dashcam footage, BAC test records, breathalyzer calibration logs
- Look for weaknesses in the prosecution’s case — Was the traffic stop legally justified? Was the breathalyzer properly calibrated? Were the field sobriety tests administered correctly?
- File motions if warranted — An attorney can ask the court to throw out evidence that was improperly obtained. If key evidence gets suppressed, the prosecution’s case can fall apart entirely.
- Negotiate with the prosecutor — Many cases, especially first offenses, are resolved through negotiation before ever reaching trial. A reduction in charges or an alternative sentencing arrangement is often possible.
This phase can take weeks or months, depending on the complexity of your case and the court’s schedule.
Step 6: How Your Case Can Be Resolved
There are a few ways a DUI case typically ends:
- Plea agreement — The most common outcome. You agree to plead guilty or no contest to a charge (sometimes a reduced one) in exchange for a defined sentence. This avoids trial and often results in lesser penalties.
- Dismissal — Less common, but it happens. If evidence is thrown out or the prosecution’s case is weak, charges can be dropped entirely.
- Trial — If no agreement is reached and you choose to fight the charges, your case goes to trial before a judge or jury. Your attorney presents your defense, challenges the prosecution’s evidence, and argues on your behalf.
Why Having a Criminal Law Attorney/ DUI Attorney Is Critical
Review Every Detail of Your Arrest. Your attorney will go through the police report, dashcam and bodycam footage, field sobriety test records, and breathalyzer calibration logs. Why? Because police have to follow very specific protocols, and if any step was done incorrectly—an improperly calibrated device, a test administered wrong, a stop without legal cause—that evidence can potentially be challenged or thrown out entirely.
Fight the MVD License Suspension Separately. The license suspension is a separate process from your criminal case, and a good attorney handles both. They’ll represent you at the MVD hearing and push back on the suspension so you can potentially keep driving during the legal process.
Negotiate with the Prosecution. In many cases, especially first offenses, there’s room to negotiate. An attorney can work to get charges reduced, penalties minimized, or alternative sentencing (like diversion programs) considered, outcomes that are much harder to reach on your own.
Build a Real Defense Strategy. Depending on the circumstances, your attorney might challenge whether the traffic stop itself was lawful, question the accuracy of the BAC testing equipment, dispute the officer’s observations in the field sobriety test, or argue that your driving was not actually impaired. Every case is different, and a solid attorney looks at yours specifically—not just a generic playbook.
Represent You in Court If your case goes to trial, your attorney handles everything — motions, hearings, and presenting your defense before a judge or jury. You don’t have to navigate the courtroom on your own.
A Few Things Worth Knowing
A DUI doesn’t automatically mean a conviction. Charges and convictions are different things. Many DUI cases are successfully reduced or dismissed when the defense digs into the evidence.
Your BAC reading isn’t automatically the final word. Breathalyzer machines require regular calibration and maintenance. Blood tests must follow strict chain-of-custody procedures. If any of that is off, the results can be contested.
First-time offenders have more options. Arizona offers diversion programs in some cases that, if completed, can result in charges being dropped. An attorney can tell you whether you qualify.
If you’re facing a DUI charge, don’t wait. Every day that passes without legal representation is a day the other side is building their case.