Understanding Arizona’s DUI Law: A Guide to ARS 28-1385

dui arizona

This content has been reviewed and fact-checked by a certified addiction therapist and a board-certified physician.

This content has been reviewed and fact-checked by a certified addiction therapist and a board-certified physician.

Table of Contents

Arizona’s ARS 28-1385 DUI law governs immediate driving privilege suspension after DUI arrest and outlines administrative review and hearing rights.

This article aims to provide readers with information about the details of the ARS 28-1385 DUI law and explain its significance in the context of driving under the influence.

By learning about this law, drivers can gain valuable insights into the legal consequences and procedures that follow a DUI arrest in Arizona.

Key Provisions of ARS 28-1385

What is Arizona’s ARS 28-1385 DUI Law?

Arizona’s ARS 28-1385 DUI law is an important statute that outlines the legal procedures and consequences for driving under the influence (DUI) offenses in the state.1

This law mainly focuses on the immediate administrative actions that follow a DUI arrest, including suspending driving privileges.

It requires law enforcement officers to report DUI arrests promptly and allows for the immediate suspension of a driver’s license if they fail or refuse a breathalyzer test.

ARS 28-1385 also gives drivers the right to request a hearing to challenge the suspension, making it a crucial element of Arizona’s efforts to prevent impaired driving and improve road safety.

Law Enforcement’s Duty to Report DUI Arrests

The report of a DUI arrest is the first step in a series of legal procedures that may follow, including court hearings and license suspensions.

The arresting officer is responsible for providing detailed documentation of the incident, which forms the basis of the state’s case against the DUI suspect.

Arizona’s ARS 28-1385 DUI Law maintains the integrity of the legal process, ensuring that all relevant facts and circumstances surrounding the arrest are accurately documented.

The Role of Test Results in DUI Arrest Reporting

In the context of ARS 28-1385, the test results play a significant role in reporting DUI arrests.

These results, obtained through breathalyzer tests, blood tests, or other approved methods, are crucial in determining the level of intoxication of the driver at the time of the arrest.

According to Arizona law, these test results must be included in the DUI arrest report, serving as concrete evidence for potential charges and prosecutions.

The accuracy and timeliness of these test results are paramount, as they can heavily influence the decisions made in subsequent legal proceedings.

Recognizing the importance of these test results can help drivers understand the gravity of DUI laws and the strict procedures that law enforcement officers follow in DUI cases.

The License Suspension Process

One of the critical aspects of ARS 28-1385 is the license suspension process that follows a DUI arrest.

Under Arizona’s DUI law, individuals arrested for DUI can face immediate administrative license suspension, a separate action from any criminal charges.

This process typically commences with issuing an order of suspension at the time of arrest, especially if the driver fails a breathalyzer test or refuses to take one.2

The suspension period can vary depending on the severity of the offense and the driver’s history.

Drivers need to understand that this process is administrative and can proceed even if criminal charges are not filed, highlighting the strict nature of Arizona’s DUI laws.

Immediate Aftermath of a DUI Arrest

In Arizona, the immediate aftermath of a DUI arrest under ARS 28-1385 is a critical time for the accused.

Following the arrest, the individual is typically provided with a notice of license suspension and an information packet regarding their rights and the next steps.

This period is crucial for understanding the legal implications of the arrest and preparing for the upcoming procedures.

Individuals need to pay close attention to the information provided, as it includes important deadlines and procedures for challenging the suspension or seeking a temporary permit.

Timely action during this phase is crucial in navigating the legal complexities that follow a DUI arrest in Arizona.

Timeline for License Suspension Orders

The timeline for license suspension orders under ARS 28-1385 is a structured process that drivers should be aware of.

Following a DUI arrest, the suspension typically begins 15 days after the issuance of the order.

However, drivers can request a hearing within a specific timeframe to contest the suspension.

The suspension becomes automatic if a hearing is not requested within this period.

This timeline emphasizes the importance of quick and informed action following a DUI arrest, as failure to adhere to these deadlines can lead to extended periods of license suspension without the opportunity for review.

Hearing and Review Rights in DUI Cases

Under ARS 28-1385, individuals who get arrested for DUI in Arizona are entitled to specific rights to hearings and reviews.

These legal provisions ensure that individuals get the opportunity to challenge the charges against them or the administrative actions taken, such as license suspension.

The right to a hearing is a critical aspect of the DUI legal process, allowing individuals to present evidence, question witnesses, and argue their case before an administrative law judge.

This process is integral to the fair administration of justice, ensuring that those accused of DUI offenses have a platform to defend themselves and seek a just outcome.

Procedures for Requesting Hearings and Reviews

It’s important to know the procedures for requesting hearings and reviews if you’ve been arrested for DUI in Arizona.

The guidelines are clearly outlined in ARS 28-1385.

You must request a hearing promptly after receiving the suspension notice, typically within 15 days.

You need to use the proper legal channels, which are usually the Arizona Department of Transportation (ADOT) or Motor Vehicle Division (MVD), and submit certain forms and fees, if applicable.

To effectively challenge a DUI arrest or license suspension in Arizona, it’s essential to understand these procedures and meet the deadlines.

Criteria and Outcomes of DUI Hearings

It is crucial for individuals facing DUI charges to understand the criteria and potential outcomes of DUI hearings under ARS 28-1385.

During the hearing, the judge will consider various factors, including the circumstances surrounding the arrest, the accuracy of the test results, and the individual’s driving history.

The outcome of these hearings can vary, ranging from upholding the license suspension to its dismissal or reduction.

The decision is based on the evidence presented and the legal arguments made, which highlights the importance of a well-prepared defense.

The results of these hearings can have significant implications for many individuals’ driving privileges and overall legal situation.

Therefore, it is critical to understand the process clearly and have competent legal representation.

Ignition Interlock Device Requirements

One of the important aspects of ARS 28-1385 is the mandatory installation of an Ignition Interlock Device (IID) in specific DUI cases in Arizona.

An IID device measures the driver’s breath alcohol level before starting the vehicle’s engine.3

This requirement is typically imposed as part of the process to reinstate driving privileges after being convicted of DUI or to obtain a restricted license.

The period for which the IID must be installed varies based on the DUI offense and any prior offenses.

The objective is to prevent repeat offenses by ensuring that individuals convicted of DUI are not driving under the influence again.

Opting for an Ignition Interlock Restricted License

If your license has been suspended under ARS 28-1385, you may consider getting an Ignition Interlock Restricted License (IIRL) as a practical solution.

An IIRL allows you to regain limited driving privileges while ensuring that you comply with DUI law requirements.

To be eligible for an IIRL, you must meet certain criteria, including serving a portion of your suspension period and demonstrating a clean driving record for a specific period.

By choosing an IIRL, you agree to install and maintain an IID in your vehicle, which shows your commitment to driving safely post-DUI.

Steps to Obtain an Ignition Interlock Device

To comply with ARS 28-1385, the process of getting an Ignition Interlock Device (IID) involves several steps.

First, you need to choose a state-approved IID provider.

After that, you need to get the device installed in your vehicle.

The installation should be certified by the provider to meet all the legal requirements.

Once installed, you must consistently use the IID and follow Arizona law’s maintenance and calibration checks.

Failure to comply with these requirements can cause legal consequences and longer suspension periods.

Knowing these steps is crucial for those who want to navigate the aftermath of a DUI conviction successfully.

Impact on Non-Resident Drivers

DUI Law Implications for Non-Residents

ARS 28-1385 applies to non-resident drivers who commit DUI offenses within Arizona as well.

According to the law, even drivers who do not live in Arizona but are arrested for DUI within the state are subject to the same procedures and penalties as residents.

This includes mandatory installation of an Ignition Interlock Device if required and compliance with all other aspects of the law.

Non-resident drivers must understand that a DUI arrest in Arizona carries the same weight as it does for a resident.

Interstate Communication on License Suspensions

According to ARS 28-1385, Arizona actively participates in sharing information with other states about DUI-related license suspensions.

This means that if a driver gets their license suspended for a DUI in Arizona, that suspension may be reported to other states through the Driver License Compact.

This agreement enables the sharing of driving records between states, making it possible for DUI penalties, including license suspensions, to have wider implications beyond Arizona.

This law ensures that DUI offenders face consistent consequences for their actions, no matter where they are licensed to drive.

Reinstating Driving Privileges

Criteria for License Reinstatement after Suspension

To regain their driving privileges after a suspension under ARS 28-1385, individuals must fulfill specific criteria set forth by Arizona law.

This involves completing the suspension period, meeting any additional requirements like successfully finishing a DUI education program, or installing an Ignition Interlock Device.

Moreover, individuals must provide evidence of financial responsibility, usually in the form of an SR-22 insurance certificate.

This process ensures that only those who have demonstrated a commitment to safe driving and adherence to DUI laws are allowed back on the roads.

Importance of Alcohol or Drug Screening Programs

If you’re looking to have your driving privileges reinstated after a DUI offense, it’s important to know that participating in alcohol or drug screening programs is a key part of the process under ARS 28-1385.

These programs are designed to evaluate your substance use and recommend appropriate education or treatment programs.

Completing these programs is usually mandatory, and the goal is not just to fulfill a legal requirement but also to address any underlying substance abuse issues.

This can reduce the chances of future DUI offenses.

Practical Advice for Drivers

Tips to Avoid DUI Offenses

To avoid violating ARS 28-1385 and facing the severe consequences of a DUI in Arizona, drivers should take proactive measures.

If you plan to consume alcohol, always designate a sober driver or use public transportation or ride-sharing services.

Be aware of how medications or other substances may impair your ability to drive safely.

Understanding the severity of Arizona’s DUI laws, including the strict measures of ARS 28-1385, can serve as a deterrent against driving under the influence.

Educating oneself about the risks and consequences of DUI not only aids in legal compliance but also promotes safer driving habits for everyone.

Here are some important tips to follow in order to avoid driving under the influence:

Tips to Avoid DUI Offenses
1. Plan ahead: If you’re going out and expect to consume alcohol, arrange for alternative transportation such as a taxi, rideshare service, or a designated sober driver.
2. Understand your limits: Be aware of how much alcohol it takes to impair your ability to drive safely and stay well within these limits.
3. Educate yourself: Familiarize yourself with the consequences of DUI and how alcohol affects your driving abilities.
4. Host responsibility: If hosting a gathering, offer non-alcoholic drink options and help guests arrange safe transportation home.
5. Avoid peer pressure: Stand firm against peer pressure to drive after drinking. Your safety and that of others is more important.
6. Monitor medication effects: Some medications can impair your ability to drive. Always check for warnings on prescriptions and over-the-counter drugs.
7. Legal awareness: Stay informed about the DUI laws in your state, such as Arizona’s ARS 28-1385, and their potential impact on your life.
8. Support systems: Have a support system in place that you can call for a safe ride home if you find yourself unable to drive safely.

Steps to Follow if Arrested for DUI

If you ever get arrested for a DUI in Arizona, there are some important steps you should follow to navigate the complexities of ARS 28-1385.

First, remember to exercise your right to remain silent and immediately seek legal representation.

You should also know the tight deadlines for requesting hearings or challenging license suspensions.

It is essential to seek legal advice and take proactive measures to meet all requirements when dealing with a DUI case under Arizona law.

Understanding the process for license reinstatement is crucial, which involves participating in alcohol or drug screening programs and the possible installation of an Ignition Interlock Device.

By taking these steps, you can help mitigate the impact of a DUI arrest and increase the likelihood of a more favorable resolution within the framework of Arizona’s DUI laws.

Here are some important steps to follow if you are arrested for driving under the influence:

Steps to Follow if Arrested for DUI
1. Remain calm and cooperate with law enforcement during the arrest process.
2. Exercise your right to remain silent and politely decline to answer questions without a lawyer present.
3. Contact a lawyer experienced in DUI cases at the earliest opportunity.
4. Request a copy of the police report and any evidence related to your arrest.
5. Take note of your arrest details, including the time, location, and the officers involved.
6. If required, request a hearing with the DMV to challenge your license suspension under ARS 28-1385.
7. Follow all court instructions and appear at all scheduled hearings.
8. Consider enrolling in a DUI education or treatment program, if applicable.
9. Prepare for the possibility of an ignition interlock device requirement, as stipulated by ARS 28-1385.
10. Understand and comply with any bail conditions or restrictions set by the court.

Driving Responsibly Under Arizona’s ARS 28-1385

Safeguarding Our Roads

Arizona’s ARS 28-1385 is an important law that aims to promote road safety and responsibility among drivers.

This law is designed to combat DUI incidents by implementing strict measures such as license suspension, ignition interlock device requirements, and enforcement procedures.

It is crucial for drivers to understand and comply with the provisions of this law.

Not only is it legally required, but it’s also our responsibility to contribute to a safer and more responsible driving culture.

By adhering to the principles outlined in this law, we can collectively promote the safety and well-being of our communities, making Arizona’s roads safer for everyone.

ARE YOU CURRENTLY DEALING WITH THE AFTERMATH OF A DUI OFFENSE IN ARIZONA?

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julie miller recovery writer and author

Recovery Writer and Advocate

Julie is a recovery advocate, with over two years sober. She is a recovery speaker who believes people can change for the better. Her mission is to write factual, helpful information about addiction, treatment, and recovery. She believes that no one should be left in the dark about the process at any stage of their recovery.
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Clinical Reviewer

Lionel, a Licensed Independent Substance Abuse Counselor (LISAC) with over 4 years at Cornerstone. Passionate about helping those with addiction, he has trained as an EMDR therapist  adopting a trauma-informed approach to treat the underlying issues of addiction, providing an empathetic approach.

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