Driving after a DUI in Arizona: the Restricted Permit

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

MVD: 'You have 30 days from the date on your suspension notice to request a hearing to challenge your license suspension'; missing the deadline means the suspension cannot be challenged; the request is submitted in writing by email, fax or mail to MVD, and requesting a hearing stops the suspension until the hearing is completed (suspension fees may still be owed). A.R.S. § 28-1385(D)-(G): the officer serves an order of suspension effective 30 days after service, issues a 30-day temporary driving permit if a valid license is surrendered, and the order is accompanied by ready-to-mail hearing/summary review forms; the request for a hearing or summary review must be received by the department within thirty days after the date of the notice or the order becomes final; a timely request stays the suspension and MVD may issue temporary permits until its final decision (§ 28-1385(L)); a summary r

“You have 30 days from the date on your suspension notice to request a hearing to challenge your license suspension. If you request a hearing, you are no longer eligible for a SIIRDL during the hearing, however, you can get one after. Missing this deadline means your suspension cannot be challenged.”

Who can get it, and how soon

MVD states restricted driver permits may be issued only if the suspension resulted from a violation of insurance laws or DUI and the record shows no other withdrawal action; for DUI a minimum of 30 days of the suspension must be served, the permit is applied for at an MVD office only, and it requires proof of future financial responsibility (SR-22) and/or completion of alcohol/drug screening from an approved facility. Under A.R.S. § 28-1385(I) the 30-day suspension plus restricted privileges applies only if the person did not cause death or serious physical injury, has no DUI conviction within 84 months, and completes MVD-ordered alcohol or other drug screening. For a first refusal MVD lists only the SIIRDL ('immediate reinstatement with an ignition interlock device'), not the restricted permit.

“If you are eligible for a restricted permit you must visit an MVD office. However, a minimum of 30 days of the suspension period must be served before the restricted driving privilege begins.”

Administrative (Admin Per Se) track: the order of suspension served at arrest takes effect 30 days after service (A.R.S. § 28-1385(C)(2)(a), (D)(1)); the 90-day suspension is reduced under § 28-1385(I) to at least 30 consecutive days of suspension followed by at least 60 consecutive days of restricted driving privileges under § 28-144 if the person meets the three conditions, and under § 28-1385(J) MVD must instead issue a SIIRDL on request if the same conditions are met. MVD's DUI page: 'You may be eligible for a restricted permit after 30 days of suspension.' Conviction track: MVD states a 90-day suspension on conviction with restricted-license eligibility after 30 days. Refusal: 12-month suspension; MVD lists only the SIIRDL, and § 28-1321(P) allows a SIIRDL application after completing MVD-ordered screening (not for a second refusal within 84 months); no restricted-permit waiting per

“If you take the test: 90-day suspension You may be eligible for a restricted permit after 30 days of suspension You may be eligible to get a restricted license with an ignition interlock device (SIIRDL)”

Conditions attached to the privilege

As stated by MVD for the DUI restricted permit: apply at an MVD office only (not third-party locations); after serving a minimum 30 days of suspension; required: proof of Future Financial Responsibility (SR-22) and/or completion of alcohol/drug screening from an approved facility; a Certified Ignition Interlock Device is not required; the driving record must show no other open/current/active actions; permits are issued on paper only. A.R.S. § 28-1385(I)(3) conditions the reduced suspension and restricted privileges on satisfactory evidence of completion of alcohol or other drug screening ordered by the department (screening, not an education course). If a hearing was requested and the suspension upheld, the permit may be obtained after 30 days of the suspension have been served. No fee for the restricted permit is printed on the MVD pages fetched; § 28-1401(B) sets a SIIRDL application f

“When: After serving minimum 30 days of suspension Driving allowed: To/from work, during work, to/from school, to/from treatment center in Arizona Required: Proof of Future Financial Responsibility (SR-22) and/or complete alcohol/drug screening from an approved facility”

Where and when it allows driving

Travel to and from work, on the job, to and from school, and to and from a treatment center within Arizona (MVD). A.R.S. § 28-144 lists the purposes a restriction may cover: between residence and employment during specified periods, school, a health professional's office, screening/education/treatment appointments, a probation officer, an ignition interlock service facility, parenting-time locations, transporting a dependent, and court-ordered screening/education/treatment. By contrast a SIIRDL allows driving anywhere in Arizona in a vehicle with a certified ignition interlock device.

“This restricted permit is issued for travel to and from work, on the job, to and from school, and to and from a treatment center within Arizona.”

How it is issued

The licensing agency issues the Restricted Permit.

Official page: azdot.gov

The statute: A.R.S. § 28-1385(I)

“the department shall suspend the driving privileges of the person described in subsection A of this section for at least thirty consecutive days and shall restrict the person's driving privileges as prescribed in section 28-144 for at least sixty consecutive additional days if the person:”