After an Arizona DUI arrest, a person may receive a criminal-court date and an administrative notice concerning driving privileges. The two matters are related to the same event but serve different purposes.
ADOT expressly states that an administrative hearing about license suspension or revocation is separate from the criminal DUI proceeding and does not decide whether the person is guilty of a crime.
Criminal Court and MVD Compared
| Question | Criminal DUI Case | MVD Administrative Action |
| What Does it Address? | Whether the prosecution can prove a criminal DUI charge and, if there is a conviction, the court’s judgment and sentence. | Whether the statutory basis for a proposed license suspension or revocation is established. |
| Who Handles It? | A municipal, justice, or superior court, depending on the charge and jurisdiction. | ADOT’s Motor Vehicle Division and Executive Hearing Office. |
| What Starts It? | A criminal complaint, citation, or indictment. | An order or notice tied to a reported test result, alleged refusal, or another license action. |
| Does One Automatically Decide the Other? | No. | No. |
| Where Is the Deadline Found? | No. | No. |
Administrative Suspension Based on a Test Result
A.R.S. § 28-1385 describes an administrative process when specified conditions are reported, including certain alcohol-concentration results or a drug or metabolite result without a valid prescription as addressed by the statute. The notice should explain the proposed action and the right to request a hearing or summary review.
The current statute says a timely hearing request stays the suspension until the hearing is held. It also limits the hearing to specified issues, such as the officer’s grounds, arrest, test result, and aspects of testing validity and evaluation.
Administrative Action Based on an Alleged Refusal
A.R.S. § 28-1321 addresses implied consent and alleged refusal to submit to or successfully complete a designated test after a qualifying arrest. The statute describes notice, suspension, hearing rights, and the issues considered at a refusal hearing.
Current law contains a 30-day period for the hearing request in the refusal process it covers and provides that a timely request stays the suspension until the hearing. Read the notice immediately because the exact facts and agency action matter.
What an MVD Hearing Does Not Decide
An MVD administrative law judge does not decide criminal guilt. ADOT also explains that even a not-guilty result in criminal court does not eliminate the need to attend a separately scheduled MVD hearing if the person wants to contest the administrative action.
Likewise, an unfavorable MVD result does not by itself establish guilt in criminal court.
Why the Notice Matters More Than a Generic Deadline
ADOT’s general hearing page notes that agency actions can have different time limits and directs the person to check the written notice. DUI-related statutes currently describe particular 30-day periods, but the correct response depends on the document, date, legal basis, and current law.
Keep the envelope or proof of service if available, note when the notice was received, and do not wait until the final day to seek guidance.
What to Bring to a Consultation
- MVD order or notice, front and back.
- Temporary driving permit.
- Citation, complaint, and release documents.
- Test paperwork.
- Driver-license status and relevant prior notices.
- Court name and next date.
Get Advice About Both Tracks
A DUI strategy should account for the criminal case and the driver-license matter without treating them as the same proceeding. Richard D. Coffinger offers a free initial telephone consultation for accepted DUI cases.
Frequently Asked Questions
No. It is an administrative proceeding through ADOT’s Executive Hearing Office.
No. Each proceeding has its own documents and requirements. Follow both sets of instructions and obtain advice about the deadlines.
The permitted scope depends on the statute and action. A.R.S. § 28-1385 lists issues for a test-result suspension hearing, and A.R.S. § 28-1321 lists issues for a refusal hearing.
Arizona law and ADOT provide restricted-license paths in some circumstances, subject to eligibility and compliance requirements. Ask MVD or counsel about the specific record and current requirements; do not assume eligibility from general website text.
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