# A.R.S. § 28-3310: 28-3310 Improper use of license; peace officer affidavit; license suspension; hearing > Arizona · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3310 ## Section - **Citation:** A.R.S. § 28-3310 - **Heading:** 28-3310 Improper use of license; peace officer affidavit; license suspension; hearing - **Jurisdiction:** Arizona - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3310 ## Text 28-3310. Improper use of license; peace officer affidavit; license suspension; hearing A. A peace officer who arrests a person for the commission of an offense for which, on conviction, suspension of any license or privilege to operate a motor vehicle is required by section 28-3309 shall file an affidavit with the department. The peace officer shall make the affidavit on a form furnished or in a manner prescribed by the department. The affidavit shall contain a form of certification that is prescribed by and subject to the penalty for perjury pursuant to section 28-1561. The affidavit shall include the name, date of birth, social security number and address of the person arrested, the number, if any, of the person's driver or nonoperating identification license, the nature of the offense, the date of the offense and the officer's reasonable grounds to believe the person committed the offense. The officer shall file the affidavit with the department within fifteen days after the date the offense was committed. B. On the receipt of an affidavit that is in compliance with subsection A of this section, the department shall suspend any driver and identification license issued to the person, the privilege to obtain the licenses and the privilege to operate a motor vehicle on a highway of this state for not less than: 1. Six months for a first offense. 2. Twelve months for a second or subsequent offense. C. Except as provided in subsection D of this section, the suspension pursuant to subsection B of this section is effective fifteen days after the department gives written notice by mail to the address provided to the department by the licensee or provided on the affidavit. The notice shall indicate the action taken pursuant to this section and shall state that the department will provide an opportunity for a hearing if the department receives a written request for a hearing from the person within fifteen days after the notice is sent. D. On receipt of a written request, the department shall provide an opportunity for a hearing as early as practicable and within thirty days after the request. The department shall hold the hearing in the county where the person named in the affidavit resides, unless the law enforcement agency issuing the affidavit requests at the time of filing the affidavit that the hearing be held in the county where the offense occurred. The request stays the suspension by the department until a hearing is held. E. At the hearing, the department or its duly authorized agent may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and require a reexamination of the person named in the affidavit. If at the hearing the department suspends the person's privilege to operate a motor vehicle, the suspension is effective fifteen days after the department gives written notice of the suspension, except as provided in section 28-3311. F. If the suspension or determination of a denial of issuance is sustained after the hearing, the person whose driver license, nonoperating identification license or permit to drive or nonresident operating privilege is suspended or the person to whom a driver license, nonoperating identification license or permit is denied under this section may file a petition in the superior court to review the final order in the same manner as provided in section 28-3317. G. If the suspension or determination of a denial of issuance is not sustained, the ruling is not admissible in and does not affect any civil or criminal court proceeding. ## Nearby sections - [A.R.S. § 28-3301 28-3301 License or permit cancellation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3301.md) - [A.R.S. § 28-3302 28-3302 Nonresident driver privilege; suspension or revocation; reporting convictions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3302.md) - [A.R.S. § 28-3303 28-3303 Suspension or revocation of driver license or privilege for actions outside of state](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3303.md) - [A.R.S. § 28-3304 28-3304 Mandatory revocation of license; definition](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3304.md) - [A.R.S. § 28-3305 28-3305 Court action on conviction](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3305.md) - [A.R.S. § 28-3306 28-3306 Discretionary license suspension or revocation; traffic survival school; hearing](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3306.md) - [A.R.S. § 28-3307 28-3307 Order to complete traffic survival school educational sessions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3307.md) - [A.R.S. § 28-3308 28-3308 Mandatory suspension; failure to appear](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3308.md) - [A.R.S. § 28-3309 28-3309 License suspension and denial; improper use by persons under legal drinking age; improper use by persons under eighteen years of age; providing spirituous liquor to a minor; exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3309.md) - [A.R.S. § 28-3310 28-3310 Improper use of license; peace officer affidavit; license suspension; hearing](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3310.md) - [A.R.S. § 28-3311 28-3311 Concurrent suspensions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3311.md) - [A.R.S. § 28-3312 28-3312 Mandatory disqualification of commercial driver licenses; definition](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3312.md) - [A.R.S. § 28-3313 28-3313 Record update](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3313.md) - [A.R.S. § 28-3314 28-3314 License reexamination](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AZ_T28_C8_A6_S3310. 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