Arizona’s Admin Per Se Suspension for DUI
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The Admin Per Se form serves as a temporary driver’s license for the next fifteen days. If you don’t request a hearing to delay or challenge the suspension, the suspension will go into effect on day sixteen. If you request a hearing, the suspension is delayed until a hearing is held before an MVD judge.
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Dedicated Admin Per Se Suspension Lawyers For DUI Charges
Reasons For An Admin Per Se Suspended Drivers License In Arizona
In Arizona, under ARS 28-1385, drivers arrested on suspicion of DUI may lose their Arizona driving privilege fifteen days after arrest. The Admin Per Se Suspension lasts for ninety days. This suspension is based on a BAC of .08, an illegal drug in the body, or a prescription drug in the body without a valid prescription. During a DUI arrest, police may confiscate your Arizona driver’s license and serve you with the Admin Per Se form. (Note: Arizona police are not authorized to confiscate a license from another state; nevertheless, an Admin Per Se will still suspend the privilege to drive in Arizona.) If you have an Arizona license, police will confiscate your license. If your license is from another state, your privilege to drive in Arizona will still be suspended. In addition, if Arizona MVD informs your home state of the incident, your home state may suspend or revoke your driver’s license.
What Does An Admin Per Se Mean
All Admin Per Se Requirements Must Be Met To Lift Your License Suspension
Near the bottom of the Admin Per Se form, there’s a section that indicates the license suspension. Unless you refused to provide a sample, the second box should be checked, which reads:
“Pursuant to ARS 28-1385, your Arizona driver license/permit or nonresident driving privilege is suspended for not less than 90 consecutive days effective 15 days from Date Served. If a review of your driver record indicates that you have completed alcohol or drug screening and are eligible for a 60-day restricted driving permit, one will automatically be mailed to your address of record within 45 days from Date Served. This order is final unless a summary review or hearing is requested online or in writing and received within 15 days from Date Served. This suspension is a result of a test to which you submitted. This suspension will not end until all reinstate requirements are met including completion of alcohol or drug screening.”
As you can see, there’s only fifteen days to request a hearing to delay or contest the suspension. If you don’t timely file a hearing request, the suspension automatically starts on day sixteen. If you, or your attorney, timely requests a hearing, the suspension is “stayed” (delayed) until a hearing is held at MVD’s Executive Hearing Office. A timely hearing request will delay the suspension for a few months. If you request a hearing, the Admin Per Se document serves as your temporary license until MVD makes a final decision on the suspension.
What Is An Admin Per Se Suspension
Process Of An Admin Per Se Suspension In Arizona
Arizona Motor Vehicle Division (MVD) Hearing
Requesting An MVD Hearing To Challenge Or Delay The Admin Per Se Suspension
If you timely request a hearing within the allotted 15 days, you can continue driving until the hearing takes place. It’s important to be sure that you correctly and timely request a hearing if you continue to drive. Requests must be made in writing and received by the Executive Hearing office within 15 days from the suspension’s service.
If you, or your Mesa AZ criminal defense attorney, timely requests an Admin Per Se hearing with MVD’s Executive Hearing Office, a hearing will be scheduled before an administrative law judge. If you hire a defense attorney, your attorney can appear for you and waive your presence.
Attorney Representation At Your AZ MVD Appointment
What Happens At An MVD Hearing In Arizona
The purpose of the hearing is to decide whether to uphold or void the ninety-day suspension. The hearing isn’t very formal; it takes place in a conference room at a large table. During the hearing, the judge will ask the police officer what happened during the DUI arrest. You, or your attorney, will have an opportunity to ask the officer questions. You may also testify; however, it’s usually not advisable. The testimony at the hearing is limited to these issues: whether police had reasonable grounds to believe you were in actual physical control of a motor vehicle while impaired; whether you were arrested for DUI; whether a chemical test indicated a BAC of 0.08; whether the testing method was valid and reliable; and, whether the test results were accurately evaluated.
Legal Defenses Against An Admin Per Se Affidavit
AZ Admin Per Se Suspension Common Defenses
Since the scope of the hearing is limited, there are only a few common defenses raised: police lacked reasonable grounds to suspect impairment; police lacked reasonable grounds you were in actual physical control of a vehicle; police never arrested you for DUI; the alcohol tests are below .08; the drug tests only show inactive drugs; you have a valid medical prescription; the chemical test isn’t reliable; and, the chemical test wasn’t accurately evaluated.
Jury’s Decision On An Admin Per Se Hearing
The Driver Can Stipulate Or Fight The Suspension
At the end of the hearing, the driver can either stipulate to the suspension or make an argument to void the suspension. If the judge rules in favor of the driver, the Admin Per Se suspension is voided. If the judge rules in favor of the State, or accepts a stipulation from the driver, the judge will order the suspension. The judge will usually allow a request for a specific suspension start date, but will not delay it more than thirty days. For example, if the hearing took place on June 15th, the judge may order the suspension to start anytime between June 15th and July 15th.
License Reinstatement
You Must Reinstate Your Driver’s License At The End Of The Suspension
Your driving privileges are not automatically reinstated at the end of the suspension. At the end of the 90-day Admin Per Se suspension, you must reinstate your driving privilege with MVD. To reinstate, you must first complete an MVD DUI Screening; you must also pay the reinstatement fees. Some drivers can reinstate online at servicearizona.com. For those who cannot reinstate online, they must visit an Arizona MVD office for assistance and further instruction.
Be Careful of SR 22 High Risk Driver’s Insurance
Admin Per Se Agreement Or Proof Of A Certificate Of Insurance
In many circumstances, it’s advantageous to eventually stipulate to the Admin Per Se suspension. An Admin Per Se Suspension order that precedes a DUI conviction may avoid the requirement to provide proof of future financial responsibility. This proof is either a Certificate of Insurance (known as an SR-22) from an insurance company, or a certificate from the Arizona Office of Treasurer showing deposit in cash or certificates of deposit of $40,000. If you’re required to carry SR-22 insurance to reinstate your driver’s license, you must maintain proof for three years. If you fail to maintain proof, your license and the registration will be suspended until proof is re-established and provided.
SR-22 insurance is a complicated issue that depends on everyone’s unique circumstance. It’s best to consult an Arizona DUI attorney to understand the best course of action in handling the Admin Per Se Suspension. SR22 insurance can add considerable cost to your insurance for the next three years. In some circumstances, it may trigger your insurance company to drop coverage.
Client Reviews
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Extremely helpful
“Mr. Tobin was professional and made sure I was well aware of the entire process. He helped me to get the best possible solution! Also, Mr. Tobin and his staff was extremely helpful with allowing me to complete payment plans for my court fees. Overall, I'm extremely satisfied with having chosen Mr. Tobin to represent me!” — Jocispeaks P.
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“Indeed! This is as good as it gets, I called many law offices and none were as attentive as what Mr. Tobin and his office staff were. Right from the start his concern was apparent, answered all of my questions explained everything in detail, kept in constant contact with me always returning my calls and emails and leaving no stone unturned. I am overly pleased with Mr. Tobin's legal services, he goes above and beyond to get the best possible outcome for his client.” — Christina R.
Most professional and communicative lawyer
“Tim is one of the best experiences with an attorney I could ask for. Not only were we able to get a favorable judgement, but his fees are extremely reasonable and would recommend him without hesitation. He is one of the most professional and communicative lawyers I've had the pleasure meeting. 5/5 would hire again.” — Lorenzo E.
What Can Your AZ Lawyer Do Against An Admin Per Se Suspended License Case
Tobin Law Office Can Do The Following, And More, As Your Admin Per Se Attorney
Admin Per Se Service Areas – Tobin Law Office
Admin Per Se FAQs
Read Our Frequently Asked Questions About Our Admin Per Se Suspension Lawyers
Tobin Law Office can help with your admin per se suspension
Call Tobin Law Office for a Free DUI Consultation and to Learn More About DUI License Suspensions
If you have received an Admin Per Se Suspension and are uncertain how to proceed, contact our DUI attorneys at Tobin Law Firm. We are available 24/7 for consultation and legal guidance, and are committed to helping you reinstate your driving privilege and avoid conviction. Complete the online form below to be contacted shortly, or call Tobin Law Firm at (480) 447-9877 to speak with someone on our legal team. You deserve to be represented by the best!
Tobin Law Office
3100 W Ray Rd #201
Chandler, AZ 85226
1910 S Stapley Dr #221
Mesa, AZ 85204
Email: tim@tobinlawoffice.com
Website: tobinlawoffice.com
