Time-Critical Steps, In Order
The First 24 Hours After a DUI Arrest
What you do in the first day shapes everything that follows — the evidence that survives, the license you keep, and the defenses still available weeks from now. Six steps, in the order they matter.
In Arizona you have 30 days to request your MVD hearing (A.R.S. § 28-1385). It is the deadline most people miss.
Your Step-by-Step Timeline
Work through these in order. The urgent ones are flagged — they involve deadlines or evidence that will not wait.
Sort Your Release Paperwork
You likely left custody with a stack of documents: a citation or complaint listing your charges, and an admin per se / implied consent affidavit. That affidavit is more than notice of suspension — it usually serves as your temporary driving permit for a limited period. Read every page. Note the court name, your case number, and any dates printed on the forms. Keep the originals together; photograph each page as a backup.
Write Everything Down — Today
Memory degrades fast, and your account of the stop is evidence. Before the day is out, write a complete narrative while the details are fresh. This document can later anchor suppression motions and cross-examination.
Write-it-down checklist
- Timeline of the stop: where you were, when, and the stated reason you were pulled over
- Everything the officer said — and the exact questions asked
- Field sobriety tests: which ones, surface conditions, footwear, lighting, weather, your physical state
- What you ate, drank, and any medications taken in the prior 24 hours
- Names and contact information for any passengers or witnesses
Request Your MVD Hearing — 30 Days
Time-sensitiveThis is the single most time-critical step after an Arizona DUI arrest. Under A.R.S. § 28-1385, you have 30 days from service of the suspension order to request a hearing with the Motor Vehicle Division. Requesting the hearing stays the suspension — you keep driving until the hearing is decided. Miss the window and the suspension takes effect automatically, no matter how strong your defense is. Send the request in writing, keep proof of mailing or submission, and calendar the deadline the day you get home.
Preserve the Evidence
Time-sensitiveIf police drew blood, a second vial is typically retained — and you have the right to an independent retest of that sample (in Arizona, see A.R.S. § 28-1388(C)). Blood degrades and labs purge samples, so the request is time-sensitive: a written demand to preserve and release the second vial should go out immediately. Also act now to preserve body-cam and dash-cam footage, dispatch audio, and station video — agencies overwrite recordings on short retention cycles, and a written preservation letter starts the paper trail.
Find Your Arraignment Date
Your citation or complaint lists your arraignment — your first court appearance, often within days to a few weeks. At arraignment the judge reads the charges, you enter a plea (almost always not guilty at this stage — it preserves every option), and the court sets release conditions and future dates. Missing it can mean a bench warrant. Confirm the date, time, and courthouse now, and arrange time off work.
Decide Your Path
You have three ways to fight a DUI, and the first 24 hours is when to start weighing them. Hire private counsel if you can — experienced DUI defense is the strongest option for complex or high-tier cases. Request a public defender at arraignment if you qualify financially. Or represent yourself (pro per) with structured support: DUIINFO's research library, document portal, and court-ready Motion Bank were built for exactly that. Whichever path you choose, the deadlines above are yours to protect until someone formally takes over the case.
Want the full picture of what each charge carries? See DUI penalties by tier
Don’t Draft the MVD Letter From Scratch
The Motion Bank’s “Check Your Options” package includes the MVD 30-day hearing-request letter, ready to complete and send — along with the evidence preservation demand and the foundational motions for the criminal case. A free account gets you the document portal and research library to go with it.
First-24-Hours FAQs
How long do I have to request an MVD hearing in Arizona?
30 days from service of the suspension order, under A.R.S. § 28-1385. Filing the request stays the suspension until the hearing is decided, so you keep your driving privilege in the meantime. Some third-party sites still cite an outdated 15-day figure — the current statute provides 30 days.
Can I drive after a DUI arrest?
Usually yes, for a limited period. The admin per se / implied consent affidavit you received at release typically functions as a temporary permit. Requesting your MVD hearing within 30 days stays the suspension beyond that window. Check the dates printed on your paperwork — they control.
What is the independent blood retest?
When police draw blood, a second vial is generally preserved. You have the right to have that sample independently tested at your own lab (A.R.S. § 28-1388(C) in Arizona). An independent retest can expose fermentation in an improperly preserved gray-top tube, chain-of-custody gaps, or results that differ from the state lab's. Request preservation and release in writing immediately — samples are not kept forever.
What happens at a DUI arraignment?
The court formally reads your charges, you enter a plea — nearly always not guilty at this stage, which preserves every defense and negotiation option — and the judge sets release conditions and the next court dates. Arraignment is procedural; it is not the trial, and entering not guilty is not 'fighting the system.' It is how you keep your options open.
Should I write down what happened even if I plan to hire a lawyer?
Yes — especially then. Your contemporaneous notes are the raw material any defense is built from: the basis for the stop, deviations in how field sobriety tests were administered, and the timeline that matters for chemical-test challenges. A lawyer hired two weeks from now will ask for exactly this, and the version you write today is far more reliable than the one you reconstruct later.
Can I handle a DUI without a lawyer?
People do, particularly on first-offense misdemeanor charges — but it requires understanding the deadlines, the motions available, and the local court's procedures. DUIINFO exists to make self-representation realistic: a free research account, a document portal, and a Motion Bank of court-ready templates, including the MVD hearing-request letter. For felony (aggravated) charges or cases with injuries, qualified counsel is strongly advisable.
Keep going: defense strategies, penalties by tier, and Arizona court-by-court detail at arizonaduiprocess.com.