If you are facing an Arizona DUI charge in 2026, the operative criminal statutes are A.R.S. 28-1381 (impaired to the slightest degree and BAC 0.08 or above) and A.R.S. 28-1382 (extreme DUI at 0.15 and super extreme DUI at 0.20). A separate administrative driver's license process runs through the Arizona Motor Vehicle Division under A.R.S. 28-1385 with a 15-day window to request a hearing.
This post walks through the statutory framework, the parallel administrative track that catches drivers by surprise, and the practical questions the first 72 hours raise. It does not predict outcomes; eligibility for any specific relief depends on the facts and the charge.
The two parallel tracks: criminal court and MVD
Arizona DUI cases run on two parallel tracks that intersect but are formally separate.
The criminal track runs through the court of the jurisdiction where the stop occurred (typically a city, justice, or superior court). The criminal case addresses the substantive DUI charge under A.R.S. 28-1381 or 28-1382 and the penalties the criminal statutes set.
The administrative track runs through the Arizona Motor Vehicle Division under A.R.S. 28-1385. This is the track that addresses the driver's license. The MVD process attaches its own consequences, including license suspension following a refusal or a qualifying chemical test result.
The two tracks have distinct deadlines, distinct decisionmakers, and distinct standards. Conduct that affects one track does not automatically affect the other.
A.R.S. 28-1381: the standard DUI statute
A.R.S. 28-1381 sets the baseline Arizona DUI offense. The statute reaches three categories: driving while impaired to the slightest degree by alcohol or drugs, driving with a BAC of 0.08 or above, and driving while there is any drug or its metabolite in the body without a valid prescription. The first category is broader than the BAC category and is the source of much of the litigation around what counts as impairment.
A.R.S. 28-1382: extreme and super extreme DUI
A.R.S. 28-1382 sets the elevated DUI thresholds at 0.15 (extreme) and 0.20 (super extreme). The statute attaches enhanced penalties to the elevated categories, including longer minimum jail terms and ignition interlock device requirements that exceed the baseline.
A.R.S. 28-1385: the MVD administrative process
A.R.S. 28-1385 governs the administrative per se license suspension. The arresting officer typically serves a notice of suspension at or near the time of arrest. The driver has 15 days from the date of service to request an MVD hearing. Failure to request a hearing within the 15-day window typically results in the administrative suspension taking effect by operation of statute.
The 15-day window is the most-missed deadline in Arizona DUI cases. The administrative consequences attach by statute, not by court order, and the criminal case timeline does not pause the MVD clock.
What the first 72 hours typically involve
The first three days after an Arizona DUI arrest usually involve several procedural steps that the statute organizes:
- Release on bail or on own recognizance under the bond schedule the court applies
- Receipt of a citation or summons identifying the criminal charges and the first court appearance
- Service of the MVD administrative notice that starts the 15-day clock
- Initial decisions about chemical-test source documentation and breathalyzer or blood draw records
The MVD 15-day window is the deadline most likely to lapse without action. A driver who delays evaluating the administrative track until after the criminal case is well underway may find the administrative suspension has already attached.
Common misreads we see Arizona DUI defendants make
Misread one: assuming the criminal case timeline controls everything. The criminal track and the MVD track run in parallel. The criminal case can take months to resolve while the MVD 15-day window passes in two weeks.
Misread two: assuming a refusal eliminates the administrative track. A.R.S. 28-1385 has provisions that address refusals, and the administrative consequences for a refusal can be more severe than the consequences for a qualifying test result. The statute treats refusal as a separately tracked category.
Misread three: confusing the BAC tiers. The 0.08 baseline, the 0.15 extreme threshold, and the 0.20 super extreme threshold each carry distinct penalties under A.R.S. 28-1381 and 28-1382. The applicable tier turns on the chemical-test result, not on the officer's observations.
Practical next steps in the first 72 hours
Three steps consistently move an Arizona DUI matter forward without committing the defendant to a posture before the facts are in.
Step one: confirm the MVD 15-day window. Identify the date of service of the administrative notice and the date the 15-day window expires. The window is a statutory deadline.
Step two: organize the criminal-case paperwork. Identify the citation, the first court appearance date, the bond conditions, and the location of any chemical-test documentation. The court paperwork carries the operative deadlines for the criminal track.
Step three: catalog the chemical-test documentation. Whether the case involves a breath test, a blood draw, or a refusal, the chemical-test documentation is the centerpiece of the prosecution's case under A.R.S. 28-1381 and 28-1382. The documentation should be identified and preserved early.
For the per-state landing page that maps these tracks to the broader Criminal Defense Center, see Arizona criminal defense.
A note on Arizona record sealing post-conviction
Arizona's record-sealing statute at A.R.S. 13-911 (effective January 2023) and the set-aside statute at A.R.S. 13-905 are independent of the DUI charge but are commonly searched together because they address the longer-term posture of a DUI conviction. A.R.S. 13-911 establishes a petition-based sealing pathway that, when granted, restricts public access to arrest, charge, and conviction records. A.R.S. 13-905 addresses set-aside, which is a separate posture.
Whether a DUI conviction is eligible for sealing under A.R.S. 13-911 depends on the offense category, the disposition, and the waiting period the statute attaches. The sealing analysis is independent of the current DUI defense; it is the post-resolution question that may matter after the criminal case has concluded.
How DUI priors interact with future charges
Arizona's DUI penalty structure escalates with prior offenses. The classification of a prior offense (whether it counts as a prior for sentencing purposes) turns on the timing and the disposition. A DUI conviction that has been set aside under A.R.S. 13-905 may still count as a prior for future DUI sentencing under A.R.S. 28-1387, which is the statute that governs prior-offense enhancement in DUI cases. The set-aside addresses one legal effect of the conviction but does not necessarily eliminate the prior-offender posture for future sentencing.
How LawSensai supports Arizona DUI matters
LawSensai provides legal information, document organization, and attorney matching. It is not a law firm and it does not replace advice from a criminal defense attorney. For Arizona matters, our role is to organize the criminal case paperwork, surface the operative statutory deadlines (including the MVD 15-day window), and connect the matter with an Arizona criminal defense attorney. Start an organized Arizona DUI review at /criminal-defense.
This report is an organizational summary. It is not legal advice, an opinion on the merits, or a prediction of outcome.
Information shared with LawSensai before an attorney has accepted a Kovel agency designation is not protected by attorney-client privilege. Government investigators may be able to compel disclosure.
Authoritative Arizona sources
- A.R.S. Title 28 (Transportation): azleg.gov
- A.R.S. Title 13 (Criminal Code): azleg.gov
- Arizona MVD: azdot.gov/mvd
- Arizona courts: azcourts.gov
Last verified: 2026-06-09.