DUI Refusal and License Suspension Defense
Refusing a test, or being told you refused, can put your license at risk for a year or more before your DUI case is decided. You have a short window to ask for a hearing, so it helps to act early.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: Under A.R.S. § 28-1321(A), a person who drives in Arizona gives consent to tests of blood, breath, urine or other bodily substance if arrested for a DUI-related offense.
- How it is classified: A refusal suspension is a license action by MVD. It is separate from the criminal DUI charge.
- Possible sentence (first refusal): A 12-month license suspension, or two years for a second or subsequent refusal within 84 months (§ 28-1321(B)).
- Where the case is heard: The license case goes to an MVD hearing. The DUI charge goes to a city (municipal) court or a justice court, depending on where the arrest happened.
- What to do now: Your hearing request must be received by MVD within 30 days after the date of the notice. Call us before that date.
What the law says
Arizona's implied consent law treats driving as agreement to testing. If you are arrested for a DUI-related offense, an officer with reasonable grounds may direct one or more tests of your blood, breath, urine or other bodily substance (§ 28-1321(A)).
The officer must tell you what happens if you refuse. Under § 28-1321(B), your license will be suspended or denied "for twelve months, or for two years" for a second or subsequent refusal within 84 months. The same subsection says that a failure to expressly agree to the test, or to successfully complete it, "is deemed a refusal."
A refusal does not mean a test cannot happen. Under § 28-1321(D)(1), the test is not given after a refusal "except as provided in section 28-1388, subsection E or pursuant to a search warrant." Police can apply for a warrant for your blood, and a sample taken at a hospital for any reason can be provided to an officer with probable cause (A.R.S. § 28-1388(E)).
Evidence that you refused is admissible in any civil or criminal action, whether or not a sample was later collected (§ 28-1388(D)). Whether you refused is a question of fact for the judge or jury. For background, see Cornell LII Wex: implied consent and Cornell LII Wex: driving under the influence (DUI), which describe the law generally, not Arizona's rules.
How it is classified
Arizona has two main administrative suspensions after a DUI arrest. A refusal suspension falls under § 28-1321, and a suspension based on a test result falls under A.R.S. § 28-1385.
| Issue | Refusal (§ 28-1321) | Test result (§ 28-1385) |
|---|---|---|
| What triggers it | Refusing, or not expressly agreeing to or completing, a test | 0.08 or more, 0.04 or more in a commercial vehicle, or a listed drug or metabolite without a valid prescription |
| Length | 12 months; two years for a second or subsequent refusal within 84 months | At least 90 days, or at least 30 days plus 60 days restricted if you qualify (§ 28-1385(H), (I)) |
| Hearing request | Must be received within 30 days after the date of the notice (§ 28-1321(G)(2)) | "Must be received by the department within thirty days after the date of the notice" (§ 28-1385(G)(2)(c)) |
| Hearing issues | Reasonable grounds, arrest, refusal, and whether you were told the consequences (§ 28-1321(K)) | Reasonable grounds, arrest, the test and result, a valid method and accurate evaluation (§ 28-1385(M)) |
| Interlock license | May apply after MVD-ordered screening; not for a second refusal within 84 months (§ 28-1321(P)) | Available in place of the suspension if you qualify (§ 28-1385(J)) |
Possible penalties
The refusal suspension
The suspension is 12 months for a first refusal and two years for a second or subsequent refusal within 84 months (§ 28-1321(B)). The officer either serves an order of suspension that takes effect 30 days after it is served, or tells you MVD will notify you in writing if an order is entered (§ 28-1321(D)(2)(b)). If MVD does not receive a hearing request within 30 days after the date of the notice, the order becomes final (§ 28-1321(G)(2)).
Driving during the suspension
After completing any alcohol or other drug screening MVD orders, you may apply for a special ignition interlock restricted driver license (§ 28-1321(P)). You must then keep a functioning interlock for the rest of the suspension period, unless MVD extends the interlock period. This option is not available for a second or subsequent refusal within 84 months.
There is a trade-off to understand. If a special interlock license is issued under § 28-1321(Q), you agree to the administrative action and waive any right to a hearing contesting it. If you later must install an interlock after a DUI conviction, time with a device installed under a § 28-1321(P) license is credited (A.R.S. § 28-3319(F)).
The criminal case is separate
The refusal suspension does not decide the DUI charge. If you are convicted under A.R.S. § 28-1381, the court still imposes the criminal penalties, such as at least 10 consecutive days in jail for a first offense (§ 28-1381(I)(1)); see our DUI defense page.
The hearing
Two clocks run after a refusal: the criminal case in court and the license case at MVD. The MVD hearing is narrow, limited to the four issues in § 28-1321(K) shown in the table above.
Consequences beyond the sentence
- Your license: A 12-month or two-year suspension can affect work, school and family plans.
- Evidence at trial: The refusal can be used as evidence in the criminal case (§ 28-1388(D)).
- Record: If the DUI charge ends in a conviction, a set-aside under A.R.S. § 13-905 sets aside the judgment of guilt, but MVD can still use the conviction (§ 13-905(E)). See set-asides and record sealing.
- Employment: Jobs that require driving may be affected by a long suspension.
- Immigration: If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
Avoiding jail is not the same as avoiding a conviction. In the same way, how the DUI charge turns out does not settle the refusal suspension, which MVD decides separately.
How we defend refusal cases
A refusal case is often about what was said and done at the scene. We may review:
- Reasonable grounds: Whether the officer had reasonable grounds to believe you were driving or in control while impaired (§ 28-1321(K)(1)).
- The arrest: Whether you were placed under arrest (§ 28-1321(K)(2)).
- Whether it was a refusal: What you said, whether you were confused, and whether a medical issue kept you from completing a test. Recordings can matter here.
- The warning: Whether the officer told you the consequences of refusing (§ 28-1321(K)(4)).
- Any warrant or hospital sample: If police obtained your blood, the warrant and the sample's handling matter in the criminal case.
- The interlock license choice: Weighing a hearing against a special interlock license, including the waiver in § 28-1321(Q).
We help you decide whether to request a hearing, and we prepare for it if you do. Every case is different, and results depend on the facts.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Yes, in some situations. Officers can seek a search warrant, and if blood was drawn for medical reasons, a portion must be provided to an officer with probable cause on request (§ 28-1388(E)).
Under § 28-1321(B), failing to successfully complete the test is deemed a refusal. Whether there was a refusal is still a question of fact, and the reason you could not finish may be relevant. We review the recordings and reports to see what happened.
After any MVD-ordered screening, you may apply for a special ignition interlock restricted driver license under § 28-1321(P), unless this is a second or subsequent refusal within 84 months. If the license is issued under § 28-1321(Q), you waive the right to a hearing, so talk to us first.
No. The 90-day suspension in § 28-1385(H) is based on a test result, while a refusal suspension under § 28-1321 is 12 months or two years. Check your notice to see which statute it cites.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-1381: Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing
- A.R.S. § 28-1385: Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing
- A.R.S. § 28-1388: Blood and breath tests; violation; classification; admissible evidence
- A.R.S. § 28-1321: Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension
- A.R.S. § 28-3319: Action after license suspension, revocation or denial for driving under the influence or refusal of test
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
Cornell Legal Information Institute
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