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What Happens After a DUI Arrest in Arizona?
From booking through arraignment to resolution — the full Arizona DUI court process explained.
Last updated: March 3, 2026
Quick Answer
After an Arizona DUI arrest, you'll be booked (often released within 12–24 hours), and you have 30 days to request an MVD hearing to contest your license suspension. The criminal case is handled separately in Justice Court or Superior Court (for felony DUI) and typically resolves in 3–9 months. Arizona has mandatory minimum jail requirements — even for first offenses — so understanding the process early matters.
Arizona DUI cases are heard in Justice Court (misdemeanor) or Superior Court (felony/Aggravated DUI). The process runs on two parallel tracks: the criminal court case and the MVD administrative license suspension.
Timeline
You are arrested, taken to the county jail or police station for booking, and typically held until you sober up or post bond. You will receive a Motor Vehicle Division (MVD) admin per se affidavit — this is your temporary 30-day driving permit and the clock-starter for your hearing request.
Request a hearing with the Arizona MVD within 30 days of your arrest to challenge your license suspension. This is completely separate from your criminal case. Missing this deadline = automatic suspension on day 31. Your attorney can request this on your behalf.
If released, you'll receive a summons for arraignment within a few weeks. You enter a plea — almost always "not guilty" initially to preserve your rights. For misdemeanor DUI, your attorney can appear in your place at arraignment in most Arizona courts.
Your attorney meets with the prosecutor to review discovery: police reports, dashcam/bodycam footage, breath test calibration records, and field sobriety test video. Most plea negotiations happen during this phase. Arizona prosecutors rarely dismiss DUI cases outright, but charges can sometimes be reduced.
Your attorney may file motions to suppress evidence (e.g., challenging the traffic stop, breath test validity, or blood draw procedures). A successful suppression motion can significantly weaken the prosecution's case and lead to dismissal or a better plea offer.
Cases resolve via guilty plea (most common), deferred prosecution (rare in AZ), or trial. Arizona has no jury trials for Class 1 misdemeanor DUI — these are bench trials (judge only). Sentencing immediately follows conviction and includes mandatory jail, fines, DUI school, and ignition interlock.
Arizona does not offer traditional deferred sentencing for DUI. Once convicted, mandatory minimums apply — 24 hours jail for standard DUI, 30 days for Extreme DUI (BAC 0.15%+). Many jurisdictions allow home detention or work release to serve this time.