January 2, 2024

Impact of DUI on Non-Residents in Arizona: A Closer Look at ARS 28-1385

This article explores the specifics of Arizona's DUI law, ARS 28-1385, and how it affects non-residents charged with DUI.

ARS 28-1385, ARS 28-1385 arizona, ARS 28-1385 dui

Table of Contents

Table of Contents

Contributors & Editors

Dane Perikly

Director of Virtual Services & DUI Education

Last Update on January 2, 2024

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Non-residents who are charged with DUI in Arizona may face unique challenges due to the state’s laws, particularly ARS 28-1385.

This law has significant implications for individuals who are not Arizona residents, from the arrest process to license suspension and beyond.

Understanding the intricacies of DUI in Arizona is crucial for those facing charges under ARS 28-1385.

In this article, we will explore the details of these laws and provide guidance to help non-residents navigate the complex legal terrain of DUI charges in Arizona.

Understanding ARS 28-1385

The Legal Framework for DUI Cases in Arizona

ARS 28-1385 is a crucial statute in Arizona’s legal code that specifically deals with the procedures and consequences associated with Driving Under the Influence (DUI) offenses.1

This law is essential in understanding DUI cases in Arizona since it outlines the immediate actions law enforcement can take, such as suspending driving privileges upon arrest for a DUI.

ARS 28-1385 is particularly relevant because it provides administrative license suspension, which happens independently of criminal court proceedings, emphasizing the immediate impact of a DUI arrest in Arizona.

The law’s significance in DUI cases in Arizona cannot be overstated since it sets forth the initial legal response to DUI incidents, laying the foundation for subsequent legal actions.

Specific Clauses of ARS 28-1385

Certain clauses of ARS 28-1385 have significant consequences for non-residents.

One aspect worth noting is that the statute applies to drivers who are not Arizona residents, which can result in complications due to differences in state laws and the driver’s inability to be physically present in Arizona for legal proceedings.

Specifically, the law’s provision for license suspension poses a direct challenge for non-residents, as ARS 28-1385 mandates immediate suspension upon DUI arrest, potentially affecting their driving privileges in their home state.

Furthermore, the DUI provisions of ARS 28-1385 include requirements for an ignition interlock device, which can be challenging for non-residents to manage from a different state.

These specific clauses highlight the complexity and potential hardships faced by non-residents under the Arizona DUI law, ARS 28-1385.

DUI Arrests for Non-Residents

Navigating the Process in Arizona

When someone not a resident of Arizona is arrested for a DUI in the state, specific protocols must be followed, which can significantly impact their situation.

According to ARS 28-1385, law enforcement officers can conduct field sobriety tests and request breathalyzer tests if they suspect someone is driving under the influence.

Non-residents who are arrested will face immediate consequences such as license suspension, which can be particularly challenging for those who live outside of Arizona.

The arrest process may include detention and the requirement to appear in Arizona courts for further proceedings.

Non-residents must be aware of the DUI arrest process in Arizona, especially under the statutes of ARS 28-1385, as it differs from the protocols in other states and carries immediate and impactful consequences.

Legal Obligations of Non-Residents under Arizona DUI Laws

Non-residents who get arrested for DUI in Arizona have the same legal obligations as residents under ARS 28-1385.

This means they must comply with all procedures following an arrest, including attending court hearings and fulfilling any imposed penalties or requirements.

Non-residents must understand that their home state’s laws may interact with Arizona’s, especially regarding license suspension and reinstatement.

The Interstate Driver’s License Compact dictates that many states recognize Arizona’s suspension, making it crucial for non-residents to understand their obligations in Arizona and their home state.2

The legal obligations under ARS 28-1385 go beyond the immediate aftermath of the arrest, encompassing requirements such as the ignition interlock device, which non-residents must navigate from afar.

This adds to the complexity of DUI cases in Arizona for those who don’t live in the state.

License Suspension and Non-Residents

License Suspension Under ARS 28-1385 for Non-Residents

When a non-resident is arrested for DUI charges in Arizona, their driving privileges are immediately suspended, even before any criminal conviction.

This suspension can last for up to 90 days, depending on the severity of the offense and prior DUI history.

It is important to note that this suspension applies not only in Arizona but also in their home state due to interstate agreements like the Driver License Compact.

Non-residents must understand this aspect of Arizona DUI law as it directly affects their ability to drive in their own state and requires careful navigation of both Arizona’s and their home state’s legal systems.

Notifying the Home State: Implications for Non-Residents

After a non-resident’s license is suspended under ARS 28-1385 in Arizona, the state typically notifies the driver’s home state of the suspension.

This notification is part of the interstate collaboration to enforce DUI penalties and ensure public safety.

The implications for non-residents can be significant, as many states will uphold the suspension under the Driver License Compact.

This means non-residents could face not only the immediate consequences in Arizona but also parallel penalties in their home state, such as additional suspension time or mandatory completion of DUI education programs.

Understanding this notification process and its implications is crucial for non-residents dealing with a DUI in Arizona, as it affects their driving privileges and legal standing across state lines, further emphasizing the far-reaching impact of ARS 28-1385 on DUI cases.

Navigating Inter-State Legalities

Navigating Inter-State Legalities: Challenges for Non-Residents in DUI Cases

When someone who is not a resident of Arizona is arrested for DUI in the state, they may face a complicated legal situation.

This is because different states have different DUI laws and regulations, which can be very different from those in Arizona.

If a non-resident is charged under ARS 28-1385, they will have to deal with both Arizona’s legal system and the laws of their home state.

This can be difficult because there are many differences between states, such as different blood alcohol concentration (BAC) limits, penalties, and approaches to license suspension and reinstatement.

Non-residents may find it challenging to navigate these different legal systems, which can result in increased legal and financial burdens, as well as a longer resolution process.

Interaction of Arizona DUI Laws with Other States’ Legal Systems

Arizona has DUI laws that follow specific mechanisms for interacting with the legal systems of other states, especially under ARS 28-1385.

States share information about DUI arrests and convictions through interstate agreements like the Driver License Compact, which ensures that penalties like license suspension are recognized and enforced across state lines.

This means that if a non-resident is arrested for DUI in Arizona, they may face additional penalties or requirements imposed by their home state, such as mandatory DUI education programs or further license suspension.

It is crucial for non-residents to understand the implications of Arizona’s DUI laws, especially ARS 28-1385, as it can affect their legal standing and driving privileges nationwide.

Ignition Interlock Device Requirements

Ignition Interlock Device (IID) Requirement Under ARS 28-1385

According to ARS 28-1385, if someone is found guilty of DUI in Arizona, they may be required to install an ignition interlock device (IID) in their vehicle.3

The IID device tests the driver’s breath for alcohol before allowing the vehicle to start.

This requirement is part of Arizona’s efforts to decrease repeat DUI offenses and improve road safety.

The length of time the IID must be installed depends on the severity of the offense and can be anywhere from six months to over a year.

The state of Arizona takes DUI offenses very seriously, and this mandate demonstrates its commitment to preventing impaired driving and keeping the public safe.

For individuals convicted under Arizona DUI laws, understanding the specifics of the IID requirement is essential for legal compliance and the reinstatement of driving privileges.

Compliance with IID Requirements for Non-Residents

It can be difficult for non-residents to comply with Arizona’s IID (Ignition Interlock Device) requirement.

One of the main challenges is installing and maintaining the IID in their vehicle while they live in another state.

Non-residents must ensure that the IID in their vehicle meets Arizona’s standards and is properly maintained.

This often involves regular calibration and reporting to Arizona authorities.

Additionally, non-residents must understand their home state’s rules about IIDs because not all states have the same requirements or processes for managing these devices.

To follow the IID mandate, non-residents must stay in touch with both Arizona and their home state authorities.

Comprehending and adhering to these requirements is necessary for non-residents to meet their legal obligations under ARS 28-1385 and to efficiently handle the complexities of inter-state DUI law compliance.

Rights to Hearings and Reviews for Non-Residents

Rights to Hearings and Reviews for Non-Residents Under ARS 28-1385

Non-residents who are facing DUI charges in Arizona under ARS 28-1385 have specific legal rights to hearings and reviews that are similar to those of Arizona residents.

These rights play a vital role in ensuring a fair legal process and offer accused individuals an opportunity to contest the charges or administrative actions, such as license suspension.

Upon arrest, non-residents can request an administrative hearing within a specified timeframe to challenge the suspension of their driving privileges.

Furthermore, they are entitled to a criminal hearing regarding the DUI charge itself.

These fundamental rights to hearings and reviews are crucial aspects of the legal process in Arizona and allow non-residents to present their case and seek legal recourse in response to the DUI charges and related administrative actions.

Exercising Hearings and Reviews Rights from a Home State

Non-residents who want to exercise their rights to hearings and reviews in Arizona may face logistical challenges.

However, it is not impossible to do so.

To participate in the hearings, non-residents can engage in legal representation in Arizona, which is often necessary due to geographical constraints.

Moreover, some aspects of the hearing process, particularly administrative hearings, can be conducted telephonically, allowing non-residents to participate without being physically present in Arizona.

It is crucial for non-residents to understand these procedures and to act promptly, as there are strict deadlines for requesting hearings.

Navigating this process from their home state requires careful coordination and often the assistance of an attorney experienced in Arizona’s DUI laws and inter-state legal matters.

By effectively exercising their rights, non-residents can ensure that their interests are well-represented and their case is evaluated fairly under the stipulations of ARS 28-1385.

Consequences and Compliance Across State Lines

Long-Term Consequences of a DUI in Arizona for Non-Residents

A DUI conviction in Arizona under ARS 28-1385 can have severe long-term consequences for non-residents.

In addition to the immediate legal penalties, it can affect their driving record nationally due to interstate communication about DUI convictions.

This can lead to increased insurance rates, difficulty in obtaining certain employment opportunities, and potential stigma.

Furthermore, a DUI conviction in Arizona can establish a precedent of criminal behavior that may influence how future legal issues are handled in the non-resident’s home state.

It is important to note that the long-term implications may also include the requirement for DUI education or treatment programs, which may need to be coordinated with both Arizona and the home state.

Therefore, it is crucial to understand and carefully manage a DUI case in Arizona, especially for non-residents.

Long-Term Consequences of a DUI in Arizona for Non-Residents
1. Impact on Driving Record: DUI convictions are reported to the home state, affecting the driving record nationally.
2. Increased Insurance Rates: A DUI conviction often increases auto insurance premiums.
3. Employment Challenges: Certain jobs, especially those requiring driving, may become inaccessible.
4. Legal Precedent: The Arizona DUI record may influence future legal issues in the home state.
5. Mandatory Education Programs: Requirement to complete DUI education or treatment programs, possibly in both states.
6. Stigma and Personal Impacts: Social stigma and personal consequences of a DUI conviction.
7. Interstate Legal Complexities: Ongoing need to navigate legal requirements in Arizona and the home state.
8. Financial Burden: Costs associated with fines, legal fees, and meeting inter-state compliance requirements.
9. Restricted Travel: Potential limitations on the ability to travel freely, especially if driving is involved.
10. Long-Term Monitoring: Possible ongoing monitoring or probationary requirements across state lines.

Compliance and Monitoring Across State Lines

Complying with the regulations and monitoring the DUI convictions under ARS 28-1385 can be a complex process for non-residents due to the coordination required across state borders.

Non-residents must follow all the mandatory requirements in Arizona, which may include installing an ignition interlock device (IID) or participating in DUI education programs.

The monitoring process of these requirements typically involves regular communication between Arizona authorities and the non-resident’s home state, which can be administratively demanding.

Furthermore, non-residents need to make sure that their compliance with Arizona’s requirements is acknowledged and accepted by their home state, which may have its own set of standards and protocols.

This necessitates a proactive approach by non-residents, often requiring legal advice to navigate the dual compliance requirements successfully.

Proper management of these obligations is crucial to fulfill the legal systems of Arizona and the non-resident’s home state, ensuring a comprehensive resolution of the DUI case.

Seeking Legal Help

Importance of Legal Representation for Non-Residents in Arizona DUI Cases

Legal representation is crucial for non-residents who are facing DUI charges under Arizona’s ARS 28-1385.

The legal process can be complex and confusing, especially for those who are unfamiliar with Arizona DUI laws and inter-state legal systems.

That’s why it’s highly recommended that non-residents seek the help of experienced legal counsel.

An attorney who is well-versed in both Arizona DUI laws and inter-state legal matters can provide valuable guidance and assistance throughout the entire process, from the initial arrest to the final resolution of the case.

They can help non-residents understand their rights, options, and potential consequences, as well as represent them in hearings and negotiations.

Effective legal representation often makes a significant difference in these cases, helping to minimize the immediate and long-term impacts of a DUI charge for non-residents.

Choosing the Right Attorney: Tips for Non-Residents

If you are a non-resident looking for a DUI attorney in Arizona, there are several essential factors you should consider to ensure you choose the right legal representation.

Firstly, make sure to select an attorney who has specific experience in handling DUI cases under ARS 28-1385, as this indicates their familiarity with the DUI laws of Arizona.

It’s also crucial to choose a lawyer with experience in dealing with interstate legal issues, as this will be vital in navigating the complexities of the case.

Non-residents should check the attorney’s track record and seek testimonials or references if possible.

Communication is also key; make sure that the attorney is readily available to discuss the case and can communicate effectively across state lines.

Lastly, discuss the fee structure upfront to understand all costs involved.

By considering these factors, non-residents can find an attorney who is well-equipped to handle the unique challenges of an Arizona DUI case.

Tips for Choosing the Right Attorney
(with Experience in Inter-State DUI Laws):
1. Look for an attorney with specific experience in DUI cases, particularly those involving inter-state laws.
2. Ensure the lawyer is familiar with Arizona’s DUI laws and your home state’s.
3. Check the attorney’s track record in handling DUI cases, focusing on outcomes and client testimonials.
4. Prioritize attorneys who demonstrate clear communication skills and are readily available to discuss your case.
5. Consider the attorney’s approach to your case, ensuring they are proactive and attentive to your needs.
6. Discuss the fee structure upfront to understand all potential costs and payment arrangements.
7. Seek recommendations or referrals from trusted sources with similar legal needs.
8. Look for a lawyer who shows a genuine interest in your case and is committed to achieving your best possible outcome.
9. Evaluate the attorney’s resources and network, especially if your case may require additional expert input.
10. Finally, trust your instincts – choose an attorney whom you feel comfortable working with and who you believe has your best interests at heart.

Promoting Responsible Driving for Non-Residents in Arizona

Non-residents who are involved in DUI cases in Arizona under ARS 28-1385 face a unique set of legal challenges that are different from the challenges that residents face.

These challenges include immediate consequences such as license suspension and complex requirements for complying with inter-state legalities and ignition interlock devices (IID).

It is essential to have experienced legal representation to navigate these complexities, as it requires a deep understanding of Arizona DUI laws and the nuances of coordinating with legal systems across state lines.

It is critical to comprehend and strictly adhere to the stipulations of ARS 28-1385.

For non-residents, taking an informed and proactive approach is necessary to manage the immediate and long-term impacts of a DUI in Arizona to navigate through this challenging legal terrain successfully.

Additional Resources

Guidance and Support for Non-Residents Facing DUI in Arizona

If you are a non-resident seeking information and help with DUI cases in Arizona, you can find valuable resources to guide you through the process.

Online platforms such as the Arizona Department of Transportation website and legal aid organizations that specialize in DUI cases offer legal resources and educational materials to help you understand ARS 28-1385 and Arizona DUI laws.

These resources can provide important insights into your legal options and situation.

Moreover, you can get personalized assistance by contacting Arizona legal professionals who specialize in DUI cases.

You can find the contact details of reputable DUI attorneys in Arizona through the State Bar of Arizona’s lawyer referral service or local legal directories.

These legal experts can offer you tailored advice and representation to help you navigate your DUI case under the unique challenges posed by ARS 28-1385.

Facing DUI Legal Challenges in Arizona?

Cornerstone DUI is Here to Help!

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Author & Reviewers

dane perikly dui writer headshot

Dane Perikly


Dane is the Director of Virtual services at Cornerstone. He contributes guides on DUI education so that you can understand all there is to know about DUI charges, education, and the overall process of meeting Arizona requirements after a DUI. He cares deeply about raising awareness of the dangers of DUI and illustrating the impact on victims and on those charged. 

lionel estrada lisac clinical director

Lionel is the Clinical Director of Cornerstone’s Scottsdale treatment facilities. He has had over 4 years at Cornerstone. He is personally in recovery and passionate about helping others overcome substance abuse and mental health challenges, he is trained as an EMDR, adopting a trauma-informed approach to treat the underlying issues of conditions.

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