Traffic Offenses, License Suspension & MVD

Neither proceeding binds the other. A dismissal or an acquittal in the criminal case does not automatically undo an administrative suspension, because that suspension arises from the officer’s certified report and what happened at the roadside: not from a conviction. The client who says “my lawyer got it dismissed, so why is my license still suspended?” is describing exactly this.

The deadline to request an MVD hearing after a DUI arrest

The statutes say thirty days. A.R.S. § 28-1321(G)(2) (refusal) provides that the request “must be received by the department within thirty days after the date of the notice or the order of suspension will become final.” A.R.S. § 28-1385(G)(2)(c) (test at or above the limit) says the same. That has been the law since January 1, 2023, when Laws 2022, Ch. 233 took effect and changed “fifteen” to “thirty.”

Fifteen days is still often repeated, including on ADOT’s own general hearing page, which does not address DUI specifically. Fifteen was correct through the end of 2022.

What to actually do: read the notice you were served, because the date and deadline printed on it control. Then request the hearing within fifteen days anyway. Fifteen days is timely under either reading, it costs nothing, and it removes the argument entirely. It is a receipt deadline, not a mailing deadline: the department has to have it in hand.

One trap: obtaining a SIIRDL (special ignition interlock restricted driver license) to keep driving waives your right to a hearing. MVD says so expressly. Do not apply for one before you have decided whether to contest the suspension.

Refusal suspensions are longer the second time

Under § 28-1321(G)(3), refusing the test carries a twelve-month suspension for a first refusal and two years for a second or subsequent refusal within eighty-four months. That suspension attaches even if the criminal DUI case is later dismissed or you are acquitted.

Arizona assesses points against your driving record under A.A.C. R17-4-404. ADOT states the threshold plainly: accumulate 8 or more points within any 12-month period and you will either be required to attend Traffic Survival School or face a suspension.

There is no two-tier system. A structure where 8 points means TSS and 12 points means suspension is sometimes described. That structure does not exist. Eight points in twelve months is a single trigger and MVD elects between the two outcomes.

Two consequences follow. A single 8-point violation trips the threshold by itself. And four ordinary 2-point moving violations in twelve months do the same thing, which is how careful people with no serious offense on their record end up facing a suspension.

You will also see claims online that speeding 20 mph over the limit, fleeing, or hit and run are each worth 8 points. Those are not line items in the rule. Ordinary speeding falls under § 28-701 or the residual 2-point category.

Traffic Survival School

TSS is mandatory on convictions for running a red light, violating flashing signals, or being involved in a traffic accident. Failing to complete a discretionary point-based assignment results in a six-month suspension; failing to complete a mandatory assignment results in an indefinite suspension until it is done. MVD’s own policy states that the division is not required to prove you actually received the notice: a client who never saw the letter is still suspended. Complete it by the date printed on your order.

Note that the deadline to request a hearing challenging a TSS assignment is a different and shorter deadline than the DUI hearing deadline. Do not assume they are the same.

Interlock is mandatory for DUI convictions involving liquor, ordered under § 28-3319. Two things about it are worth knowing before you are living with one.

The extensions compound. Under § 28-1461(E), MVD shall extend the restriction and the interlock period by six months for tampering or circumvention, two or more attempts to operate over the limit, any liquor at all if the driver is under 21, failure to provide proof of compliance, or failing three consecutive rolling retests. One of the listed triggers is failing during a six-month extension: so violations stack. This is administrative and automatic, driven by the manufacturer’s electronic report, with no court appearance and no new criminal charge. A subsection (H) point is worth remembering: a missed random sample does not count if the ignition was off, which makes these reports contestable.

The first-offense deferment is real and underused. Under § 28-3319(H), a first-offense DUI defendant sentenced under § 28-1381(I) can have part of the interlock requirement deferred after completing an alcohol education program of at least sixteen hours, maintaining a functioning device on every vehicle operated, having no two-or-more attempts to operate at 0.08 or above during the restriction, supplying all compliance information, and: this is the condition that most often disqualifies people, the offense not having involved an accident causing physical injury or property damage. Under § 28-3319(I) the deferment is permanent unless the person is arrested for a new DUI offense during the deferment period.

Traffic and MVD matters run on short deadlines that do not wait for your court date. If you have been served with a notice of suspension, charged with a criminal traffic offense, or told you are at the points threshold, call us before the clock runs out.

Free consultation: (480) 405-6767

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This page is general information about Arizona law, not legal advice, and does not create an attorney-client relationship. Statutes, rules and MVD procedures change; content reflects Arizona law as of July 2026. Deadlines printed on the notice or order served on you control. Every case depends on its own facts. Past results do not guarantee or predict the outcome of any future case. Nova Law Group, PLLC serves clients throughout Maricopa County, Arizona.