Admin Per Se Suspension Lawyer for DUI Charges
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If a person is pulled over on suspicion of driving under the influence in Arizona and either refuses the BAC test or they are unable to consent to the BAC test, the law enforcement officer must give the driver a copy of an Administrative Per Se Implied Consent Affidavit. This Admin Per Se form serves to remind the driver that when they received a driver’s license, they implicitly agreed to submit to a blood alcohol test if they were ever under suspicion of DUI.
If you or a loved one has been charged with a DUI in Phoenix, you could be facing severe penalties. You’ll need an experienced attorney to provide honest, professional feedback and advocate aggressively on your behalf. Belén Olmedo Guerra of the Belén Law Firm has handled hundreds of Phoenix DUI cases over the years. She has the knowledge and experience to ensure that all of the applicable defenses are raised in a timely manner on your behalf.
What is Admin Per Se in Arizona?
During your DUI arrest, the arresting officer may take your driver’s license and provide you with an Admin Per Se form. An Admin Per Se form is given to a person who has been pulled over for suspicion of driving under the influence of drugs or alcohol and either refuses the blood alcohol test or cannot submit to a blood test, breath test, urine test, or any other test to determine drug or alcohol concentration.
In Arizona, if a driver is arrested for suspected DUI, he or she may lose their Arizona driver’s license for 15 days following the arrest. The Admin Per Se suspension lasts 90 days and is based on:
- A BAC of .08 or higher
- Illegal drug in the body
- Prescription drug in the body without a valid prescription
For out-of-state drivers, Arizona police officers may not confiscate your driver’s license, but the Admin Per Se will still temporarily revoke your driving privileges within this state. Additionally, in some cases, the police department may notify your home state of the incident.
Arizona DUI laws are complex and typically prosecuted harshly. The penalties associated with a DUI conviction have the potential to affect your marriage or career. It’s important to consult with an experienced Phoenix DUI attorney after any DUI arrest.
Arizona Admin Per Se Suspension Process
Arizona Motor Vehicle Division Hearing After DUI Arrest
If you need to request a hearing to delay the suspension period or content your suspension altogether, you only have fifteen days to file the hearing request. If you don’t file the request within those fifteen days, your suspension automatically begins on day sixteen.
However, if you or your Phoenix DUI lawyer requests a hearing within this timeframe, then your Admin Per Se suspension is frozen and delayed until your hearing is held at the MVD’s Executive Hearing Office. Your driving privileges are still intact if you request a hearing, so, it’s important that you correctly fill out the Per Se Implied Consent Affidavit within the proper time frame if you’re wanting to continue to drive.
If you’ve requested a hearing, then the Admin Per Se form will serve as your temporary driver’s license until the MVD makes a decision. Your Phoenix criminal defense attorney can appear for you in court and waive your presence.
Admin Per Se Representation at Your Phoenix MVD Hearing
The purpose of the Arizona MVD hearing is to decide whether to void or uphold the ninety-day suspension. During this hearing, the judge will ask the arresting officer what took place during the arrest. You or your attorney will also have an opportunity to ask the police officer questions. You may also choose to testify, but this is not typically advised.
All testimony at the MVD hearing is limited to the following topics:
- Whether or not there were reasonable grounds to believe you were under the influence of drugs or alcohol while operating a vehicle in Arizona
- Your DUI arrest
- Whether or not chemical testing showed that you had a BAC of .08 or higher
- Whether or not the chemical testing method was reliable
- Whether or not the chemical test was read accurately and properly evaluated
Defenses Against an Admin Per Se Affidavit
In an Admin Per Se suspension hearing, the applicable topics of discussion are limited and there are limited defenses that DUI attorneys can raise during this time.
Nonetheless, a few common DUI defenses that are applicable may include:
- The arresting police officer lacked reasonable grounds to suspect you had actual physical control of a vehicle.
- The arresting officer lacked reasonable grounds to suspect you were impaired.
- A police officer never arrested you for a DUI.
- Your blood alcohol content was below the legal limit.
- Drug screening only showed inactive drugs in your system.
- You have a valid prescription for the drugs in question.
- The chemical testing or alcohol screening methods used weren’t reliable.
- The chemical test wasn’t properly evaluated.
Decision on Admin Per Se Suspension
At the end of the Admin Per Se hearing, the driver can either make an argument to void the Admin Per Se suspension or they can agree to the terms outlined in the Admin Per Se Implied Consent Affidavit.
If the administrative law judge rules in favor of the driver, then the Admin Per Se suspension is voided. Meanwhile, if the judge rules in favor of the state of Arizona, he or she will make the driver move forward with the Admin Per Se suspension order. While the judge may allow you to request a specific Admin Per Se suspension start date, he or she will not usually delay it over thirty days.
Arizona Driver’s License Reinstatement After an Admin Per Se Suspension
At the end of your Admin Per Se suspension, your driving privileges aren’t automatically reinstated. In order to reinstate your driving privilege, you must complete an Arizona state-issued DUI screening and pay reinstatement fees for the driver’s license.
If you can’t reinstate your AZ driver’s license at servicearizona.com, then you must visit a MVD office and speak with an Arizona admin for further assistance.
Admin Per Se and SR-22 or High-Risk Driver’s Insurance
SR-22 is proof of future financial responsibility. This can either be a certificate of insurance from your insurance provider or a certificate from the Arizona Office of Treasurer showing a cash or other certificate deposit of $40,000.
If you’re required to carry SR-22 insurance to reinstate your license after a driver’s license suspension under Arizona law, you must maintain proof for three years. If you fail to do so, your license will be suspended again, as well as the registration, until you can prove that you’ve reestablished.
In many cases, following through with the Admin Per Se implied consent order can waive the requirement to provide this proof for future financial responsibility.
SR-22 is complicated and will depend on your unique circumstances following the DUI investigation. This insurance can add a large cost to your insurance premium over the next several years. For some, the request for SR-22 may cause the insurance company to drop your coverage completely.
How an Experienced Phoenix DUI Attorney Can Help Fight Against an Admin Per Se Case
Belén Olmedo Guerra is an experienced and highly-qualified DUI defense attorney in Phoenix, Arizona. She fights aggressively for those who have had their driving privileges revoked or are under a DUI investigation in the Phoenix area.
As your Admin Per Se lawyer, she can do the following (and more):
- Within the first fifteen days, she can help you submit an accurate and timely Admin Per Se implied consent hearing request to Arizona’s admin so that you can temporarily keep your driving privilege.
- She will build a strong defense for your DUI case so that you’ll have the best chances of retaining your driving privileges in Arizona.
- She will provide compassionate and professional legal guidance to help you through each step of this difficult legal process.
Arizona Admin Per Se FAQ
Am I Eligible for a Restricted Driver’s License in Arizona?
You may be eligible for a restricted license during the last sixty days of your ninety-day Admin Per Se suspension. However, a restricted license only allows you to drive to work and school.
If the following apply, you may not be eligible for a restricted driver’s license in Arizona: (1) you had a prior DUI or had a DUI suspension in the previous seven years; (2) you caused serious physical injury or death to another person which led to the DUI stop; or (3) you have an out of state driver’s license.
How Do I Apply for a Restricted Driver’s License in Arizona?
Before applying for a restricted license during or after a license suspension, you must complete an MVD DUI screening. As a DUI defense attorney, Belén typically recommends completing the screening as soon as you’re eligible. Some people will need to complete treatment hours at a specified treatment facility, but not all drivers are required to do so.
If you are eligible for an Arizona restricted driver’s license, then the MVD may mail the driver’s license to your address. The license isn’t valid until after the first thirty days of the ninety-day license suspension. If you did not receive your restricted driver’s license in the mail, you will need to visit an MVD to apply for one in person.
How Long is an Admin Per Se Suspension in Arizona?
According to the Admin Per Se form provided by the arresting officer, the Admin Per Se suspension is ninety days.
What If I Wasn’t Given an Admin Per Se Form?
The arresting police officer may not serve you with the Admin Per Se form during the DUI arrest. Rather, the arresting officer may wait until the blood sample comes back. If the alcohol level was less than .08, then he or she may not decide to serve you.
However, the police can file your Admin Per Se suspension later. So, it’s important to ensure that your address on file with the MVD is correct. If the police officer waits to file the DUI charge upon receipt of the blood results, you will want to make sure that you will receive the suspension letter. If your address on file isn’t up to date, you may never receive the suspension letter.
Experienced Phoenix Admin Per Se Suspension Defense Lawyer
If you’ve received an Admin Per Se Suspension and you aren’t sure how to proceed, Belén Olmedo Guerra, an experienced Phoenix DUI defense attorney can help. She’s available 24/7 to offer a free consultation and is committed to helping you avoid a DUI conviction and license suspension, if at all possible.
Call Belén Law Firm at 602-715-0908 for your free consultation today.