Out of state drivers are subject to harsher DUI license penalties than Arizona drivers.
Privilege & Immunities Clauses
Driver-licensed residents of all states have a “Privilege” to drive in all other states. The “Privileges & Immunities” Clause (P & I) to the U.S. Constitution creates the “Privilege”. and in Arizona under the P & I in the Arizona Constitution. Without the P & I, an Arizona-licensed driver could be arrested in Utah for driving without a license.
The P & I requires the states to treat other states’ residents the same as it would its own residents. So, Arizona must treat other states’ licenses the same as it would treat Arizona licenses. That’s the legal principle but with Arizona DUIs it does not work that way.
Arizona Administrative Suspensions of Privilege to Drive
When an Arizona Officer arrests a driver for DUI they may serve the driver with a suspension order. The DUI suspension order can be for 12 months or 90 days. If the driver has an Arizona license in their possession the officer takes the license. The suspension order is also a temporary driving permit. The officer cannot take an out of state license. The suspension order acts as a temporary driving “Privilege”.
Interstate Driving Compact
Arizona and most states are members of the Interstate Driving Compact. Those states share information about actions and suspensions committed in their respective states.
Arizona is only required to honor the “Privilege” if the out of state license is valid and not suspended. If the other state finds out about the DUI arrest it can take action under that state’s law. The other state can act even though the Arizona MVD and courts have not yet done so. If the other state suspends that license, the driver no longer has a “Privilege” to drive in Arizona. The temporary “Privilege” served by the officer is now void.
The Arizona MVD does not treat out of state drivers the same for some DUI suspensions. The P & I should bar this but so far it has not. An Arizona license is subject to one of two administrative DUI suspensions, which could be for 12 months (Implied Consent) or 90 days (Admin Per Se). The driver may be able to get a Special Ignition Interlock Restricted Driver’s License (SIIRDL).
Arizona Special Ignition Interlock Restricted Licenses (SIIRL)
There are two benefits to having a SIIRDL:
- The driver can now drive anywhere with a SIIRDL (No more to and from work only);
- A DUI Alcohol conviction in court triggers an interlock requirement. The requirement is usually for 12 or 18 months, after the suspension ends. The time the driver has the SIIRDL counts against this interlock requirement. For example, assume a driver has a SIIRDL for a 12-month suspension and the conviction requirement is also 12 months. That driver’s interlock (IID) requirement ends when the suspension ends, not 12 months later.
Arizona Refuses to Issue SIIRLs to Out of State Licensed Drivers
As of the date of this post (July 11, 2025) the Arizona MVD is refusing to issue SIIRDLs to out of state licensed drivers. The MVD is doing this though the other state has not suspended the license. The MVD action seems to violate the P & I. What this means is out of state drivers, unlike Arizona drivers:
- May not drive at all during the 90 day or 12 month suspension;
- Must wait until the end of the suspension before complying with the DUI conviction IID requirement.
In law a question is, does a person have a right if there is no remedy to enforce that right? What good is a right if I cannot force the government to give me that right? For now, for most out of state drivers it is not worth it to try to force the Arizona MVD to issue a SIIRDL. The remedy is to bring a lawsuit against the MVD in Superior Court. Such a lawsuit would take months to be resolved. During that time the other state may suspend the license. If so, Arizona would not be required to grant a “Privilege” to a suspended out of state licensed driver. For most drivers the expense of a lawsuit is not worth it if the license is going to be suspended anyway.
It is important for out of state drivers to hire a DUI attorney who knows about these licensing issues. Please call me anytime to talk about your situation.
The contents of this post are my personal opinions and are not legal authority or advice.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
