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Arizona Real Estate Agents and DUIs

The Arizona Department of Real Estate (ADRE) licenses realtors and regulates real estate activities in the State.  They set the rules surrounding real estate agents and applicants who are convicted of a DUI.

Will Having a DUI on my Record Prevent Me From Getting a Real Estate License?

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Not necessarily.  Applicants for licensure are required to obtain a valid fingerprint clearance card from the Arizona Department of Public Safety. The State will review your state and federal criminal history in deciding whether it will issue you a fingerprint clearance card. If you have a DUI conviction, it will be reviewed as part of the process; however, having a DUI will not preclude you from getting a fingerprint clearance card.

Additionally, all applicants for licensure must report all felony convictions and all misdemeanor DUIs convictions that are 10 years old or less. You must also disclose any judgments, restrictions, civil judgments, and recovery fund payments to the ADRE in your application. Obtaining a fingerprint clearance card does not preclude you from this requirement.

If I Am Charged with a DUI, Do I Have to Report it to the ADRE?
No. You are only required to report your DUI to the ADRE if you are convicted.

If you are convicted, you must disclose your conviction, in writing, to the ADRE within 10 days using the Disciplinary Actions Disclosure form.

If I Get a DUI, will it Prevent Me from Working or Renewing my Real Estate License?
Maybe. The Arizona law states that the ADRE will not renew your license if you’ve been convicted of a felony and currently incarcerated, paroled, or under community supervision because of the conviction.

The law states how you may get your license reinstated if it expires before it is renewed.

While you are incarcerated, you are prohibited from performing any activities that require a real estate license.

Can I Still Drive Prospective Buyers to Available Properties?
When you get a DUI, your driver’s license will be suspended for 90 days. You may not legally perform any job functions that involve driving while your license is suspended. After the first 30 days of your suspension, you may apply for a restricted driving permit to restore some of your driving privileges.

You will be required to install an ignition interlock device on your vehicle for at least 6 months after the reinstatement of your driving privileges. If you are caught driving a vehicle without such a device, you will be required to have an interlock device on your vehicle for an additional year.

What About The Mandatory Jail Time?
If you get a DUI, you will have to spend at least 10 days in jail for your first offense. The court may suspend up to 9 of the 10 days if you participate in a drug or alcohol treatment program, which means you may only have to miss 1 day of work.

If you have been arrested for DUI, contact an attorney for DUI at Oracle Law Group Office P.C. for assistance with your DUI case.