What Happens to Your License After a DUI in Arizona
Arizona suspends your driver's license automatically when you are convicted of DUI, regardless of whether you caused an accident or hurt anyone. The suspension is separate from any jail time or fines — it is a direct consequence of the conviction itself. The length of the suspension depends on whether this is your first DUI, whether you refused a breath or blood test, and whether you caused injury or property damage.
For a first DUI with no refusal and no injury, Arizona suspends your license for a minimum of 90 days. If you refused the breath or blood test, the suspension is one year. If you caused injury or property damage, the suspension is one year even without a refusal. A second DUI within seven years brings a one-year suspension; a third or subsequent DUI within seven years brings a three-year suspension. These are the minimum periods — the court can impose longer suspensions as part of sentencing.
The suspension begins either when you are convicted or when the court orders it, not when you receive notice. You cannot drive legally during this period, even with a restricted license, unless you meet specific conditions that Arizona law allows.
Key Takeaways
- Arizona suspends your license automatically upon DUI conviction for 90 days to three years depending on whether it is your first offense, whether you refused testing, and whether anyone was injured.
- Driving during a suspension from a DUI conviction is a criminal offense in Arizona, not just a traffic violation, and carries jail time and additional fines.
- You may be able to request a restricted license (also called a work permit) that allows driving to work, school, or court, but only after the mandatory suspension period begins and only if you meet specific requirements.
- The ignition interlock device requirement begins when your suspension ends, not when it begins, and you must install it before you can legally drive again.
- Reinstating your license after the suspension period ends requires paying a reinstatement fee and submitting proof of insurance and completion of required DUI education programs.
Criminal Penalties for Driving on a Suspended DUI License in Arizona
Driving while your license is suspended due to a DUI conviction is a criminal offense in Arizona, not a civil traffic violation. The offense is charged under Arizona Revised Statutes § 28-3481, and the penalties are serious. A first offense of driving with a suspended license from a DUI is a class 1 misdemeanor, which carries up to six months in jail and a fine of up to $2,500.
If you are stopped a second time driving on a suspended DUI license within five years of the first offense, the charge becomes a class 6 felony. A felony conviction means a permanent criminal record, loss of certain rights, and difficulty finding employment, housing, or professional licensing. The jail sentence for a felony can be up to two years, and fines can reach $150,000 or more depending on the circumstances and whether you caused damage or injury.
Arizona courts do not typically dismiss these charges or reduce them to traffic violations. Prosecutors treat them seriously because driving on a suspended license puts the public at risk. If you are arrested for this offense, you will need legal representation to understand your options.
When You Can Request a Restricted License
Arizona allows you to request a restricted license (sometimes called a work permit or occupational license) during your suspension period, but only after the mandatory suspension has begun and only if you meet strict conditions. You cannot request a restricted license before the suspension starts, and you cannot use it for any purpose other than those the court approves.
To request a restricted license, you must file a petition with the court that convicted you. The petition must show that you have a genuine hardship — typically employment, school attendance, or court-ordered obligations like DUI education classes or community service. You must also prove that you have completed or are enrolled in a DUI education program (usually a 16-hour or 36-hour program depending on your offense), that you have obtained SR-22 insurance, and that you have not been arrested for any other offense since the DUI conviction.
The court has discretion to grant or deny the petition. Even if granted, the restricted license comes with conditions: you can drive only to and from work, school, court, or DUI education classes, and only during specified hours. You must carry proof of the restricted license at all times. Violating the conditions — driving outside approved times or locations — is another criminal offense.
The Ignition Interlock Device Requirement
After your suspension period ends, you cannot straightforward resume driving. Arizona requires you to install an ignition interlock device (IID) in any vehicle you own or regularly drive before you can legally operate it. The IID is a breath-testing device connected to your vehicle's ignition; the car will not start unless you provide a breath sample that registers below a set alcohol level (usually 0.02 percent).
For a first DUI, you must maintain the IID for a minimum of one year. For a second DUI within seven years, the requirement is at least one year. For a third or subsequent DUI, the requirement is at least three years. These periods run from the date you install the device, not from the date your suspension ends. If you fail to install the IID by the important date set by the court, your license suspension continues and you remain unable to drive legally.
You must pay for the IID installation and monthly monitoring fees yourself — typically $60 to $100 per month. You are also responsible for any repairs if the device malfunctions. If the IID records a violation (a breath sample above the threshold, a missed test, or tampering), the court can extend the requirement period or impose additional penalties.
License Reinstatement After the Suspension Ends
When your suspension period ends, your license does not automatically return. You must take active steps to reinstate it, and you cannot drive legally until reinstatement is complete. The process involves three main requirements: paying the reinstatement fee, submitting proof of SR-22 insurance, and providing proof that you completed the required DUI education program.
The reinstatement fee in Arizona is $100 for a standard reinstatement. You must also show proof of completion of a DUI education program — either the 16-hour program (for first-time offenders with no injury or property damage) or the 36-hour program (for offenders with prior DUI convictions, refusals, or injury/property damage). These programs must be completed before you request reinstatement, not after.
You must also maintain SR-22 insurance (also called an FR-44 in some states, but Arizona uses SR-22). This is proof of financial responsibility filed by your insurance company directly with the Arizona Department of Transportation. You cannot straightforward buy insurance and assume it counts — the insurance company must file the SR-22 form on your behalf. If your insurance lapses during the suspension period, you must restart the SR-22 requirement from the beginning.
Submit your reinstatement request to the Arizona Department of Transportation, Motor Vehicle Division, along with the fee and proof documents. Processing typically takes one to two weeks. Once approved, you can legally drive again, but only with the IID installed and functioning in your vehicle.
What Happens If You Are Caught Driving During Suspension
If you are stopped by police while driving on a suspended DUI license, you will be arrested. There is no citation option for this offense — it is a criminal charge. You will be taken to jail, booked, and held until bail or release conditions are set. The charge will appear on your criminal record even if you are later acquitted or the charges are dismissed.
The prosecution will use evidence from the traffic stop — your driver's license status, the officer's report, and any statements you made — to prove the offense. Your only realistic defense is that your license was not actually suspended at the time of the stop, which requires proof from the Department of Transportation records. If you were unaware of the suspension, that is not a legal defense in Arizona; the law holds you responsible for knowing your license status.
If you are convicted, you face jail time, fines, and a further extension of your suspension period. A second conviction within five years elevates the charge to a felony. The best course of action if you are arrested is to contact a criminal defense attorney when ready and not answer questions without legal representation present.
Frequently Asked Questions
Can I drive to work during my DUI suspension if I request a restricted license?
You can drive to work only if you petition the court for a restricted license and the court approves it. The restricted license must specifically authorize driving to your workplace. You must carry the restricted license document at all times and can only drive during the hours and on the routes the court specifies. Driving outside those parameters is a separate criminal offense.
What is the difference between a DUI suspension and a refusal suspension in Arizona?
A refusal suspension occurs when you decline a breath or blood test; it is imposed by the Department of Transportation and is separate from any criminal conviction. A DUI conviction suspension is imposed by the court as part of sentencing. Both can run at the same time, and both must expire before you can reinstate your license. If you refused the test, your suspension is typically longer than if you took the test and failed it.
Do I have to install an ignition interlock device if I did not actually drive after my DUI?
Yes. The IID requirement is mandatory in Arizona for anyone convicted of DUI, regardless of whether they drove after the arrest. It applies to any vehicle you own or regularly drive. The only exception is if the court grants a waiver, which is rare and requires showing that you do not own a vehicle and will not drive during the IID period.
How long does it take to reinstate my license after the suspension ends?
Processing time is typically one to two weeks after you submit your reinstatement request with all required documents and fees to the Arizona Department of Transportation. However, you cannot request reinstatement until the suspension period has fully expired and you have completed the DUI education program and installed the IID. Plan for the entire process — suspension, education, IID installation, and reinstatement — to take at least four to six months.
If I move out of Arizona, do I still have to complete the IID requirement?
If you move to another state, Arizona's IID requirement still applies to any vehicle you own or operate in Arizona. If you no longer own a vehicle in Arizona and will not drive there, you may be able to request a waiver from the court. However, if you return to Arizona or purchase a vehicle there, the requirement resumes. Contact the court that imposed the requirement to discuss your specific situation.