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Whether you are just starting your career in real estate, or you have been a real estate agent for years, a DUI charge could affect your ability to practice real estate in Arizona.

A past DUI charge could possibly prevent you from obtaining a real estate license. Likewise, if you already have a real estate license and are found guilty of DUI, you could be subject to disciplinary action. The driver’s license suspension that accompanies DUI arrests can also affect your ability to do your job or attend real estate classes.

Luckily, being convicted of a DUI offense does not always mean that your Arizona real estate career is over. The outcome depends on the circumstances of your offense.

DUI offenses in Arizona

The first question to answer when determining if your DUI charge will affect your real estate career is how severe your DUI offense was. There are four different types of DUI in Arizona, three of which are misdemeanors.

The 3 types of misdemeanor DUIs in Arizona are Standard, Extreme, and Super Extreme. These are differentiated by the Blood Alcohol Concentration (BAC) of the offender at the time of the offense.

You will be charged with a Standard DUI if your BAC is between 0.08% and 0.149%. To be charged with Extreme DUI, your BAC must be between 0.15% and 0.199%. Finally, you will be charged with a Super Extreme DUI if your BAC is .20% or higher.

While the severity of the punishment for these offenses varies depending on the type of DUI charge, they are all misdemeanor offenses.

A felony-level DUI in Arizona is called an Aggravated DUI. You can be charged with an Aggravated DUI for any of the following reasons:

• There was a child under 15 years-old in the car during the DUI offense
• You have been found guilty of 2 or more prior DUI offenses in the last 7 years
• Your driver’s license was revoked or suspended at the time of the DUI offense.
• You had an ignition interlock device on your car from a previous DUI offense

Requirements for obtaining a real estate license in Arizona

To obtain a real estate license in Arizona, you must meet the following requirements:

• You must be at least 18 years old
• You must complete 90 hours of pre-licensing education at an approved Arizona real estate school
• You must attend a 6-hour contract writing class
• You must pass the examination at an Arizona Department of Real Estate approved real estate school, college, or university

All applicants must also show satisfactory evidence “of the honesty, truthfulness, character and competency of the applicant”, and that the applicant has not had a real estate license denied within one year, or revoked within two years immediately preceding the application.

Applicants are also required to submit a Disciplinary Actions Disclosure Form, in which they provide information and documentation relating to their backgrounds. Criminal convictions must be disclosed on this form, and additional documentation and information regarding a conviction may be required.

When can my real estate license application be denied for a DUI conviction?

If you have been convicted of a felony DUI and are currently incarcerated, paroled, or under community supervision or on probation, the Arizona Department of Real Estate (ADRE) cannot issue you a license. So, if you have been convicted of Aggravated DUI and are still under some sort of supervision for the offense, you cannot obtain a real estate license in Arizona.

After receiving your notice of a DUI conviction, the ADRE will send you a disclosure package via certified mail. The package will include instructions and submission deadlines for providing certain documentation regarding your offense. Once you have returned the requested documentation, the ADRE will review your submission, and determine what disciplinary action, if any, is appropriate based on the circumstances of your charge.

When can my real estate license be suspended or revoked for a DUI conviction?

If you are convicted of a felony DUI and are incarcerated, paroled, or under community supervision, the ADRE is legally prohibited from renewing your Arizona real estate license. Additionally, as with license application denials, the ADRE has the discretion to suspend or revoke your license for any criminal conviction. Failing to report a DUI conviction could also lead to the suspension or revocation of your license.

Impact of DUI arrest and conviction on driving privileges in Arizona

Arizona law restricts people who have been arrested or convicted of a DUI offense from driving employees or clients as part of their job for 5 years. Such a restriction would severely limit real estate agents’ ability to perform their employment duties since they are regularly required to drive prospective buyers to listings. However, in 2016, Arizona passed a bill excluding the majority of real estate agents from this restriction, so an arrest or conviction for a DUI offense will no longer prevent most real estate agents in Arizona from driving clients. Unfortunately, real estate agents who are employed by certain state agencies were not covered by the law, and so agents who fall into this category are still unable to drive clients for 5 years after a DUI arrest of conviction.

Even if you are not subject to the five-year restriction, if you have been arrested for any of the four types of DUI in Arizona, it is almost certain that you will have your driver’s license suspended for some time. A driver’s license suspension will have a severe impact on your ability to drive yourself and clients to listings, even if you can obtain limited driving privileges. This could damage not only your livelihood but also your credibility with your employer and your clients.

What to do if you’re arrested for a DUI offense in Arizona

If you've been arrested for a DUI and you either already have a real estate license or want to pursue one, you should retain a skilled criminal defense attorney to protect your rights and your real estate career. If you are an active Arizona real estate agent, you also should consult with a real estate attorney about the best way to protect your license and your future career.