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.

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    Why Choose Tobin Law Office For Your Admin Per Se Suspension Hearing And License Reinstatement

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    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
    Requesting An Arizona Motor Vehicle Division (MVD) Hearing To Challenge Or Delay The Admin Per Se Suspension

    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 In Arizona

    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 In Arizona

    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 In Arizona

    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

    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.

    Be Careful of SR 22 High Risk Driver’s Insurance Admin Per Se

    Client Reviews

    Read Our Admin Per Se 5-Star Client Reviews
    Tobin Law Office Criminal Defense Tobin Law Office 1910 S Stapley Dr #221, Mesa, AZ 85204 480-447-4837

    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!”

    5 star rating Admin Per Se Lawyer in Arizona
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    I am overly pleased

    “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.”

    5 star rating Admin Per Se Lawyer in Arizona
    Re-Posted From Yelp
    Tobin Law Office Criminal Defense Tobin Law Office 1910 S Stapley Dr #221, Mesa, AZ 85204 480-447-4837

    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.”

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    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
    • We can help you submit a timely hearing request and be able to continue driving.
    • We will build a strong defense for your case to protect your rights.
    • We work tirelessly for the best possible outcome and to clear your name.
    • Our lawyers will provide expert legal guidance for you through each step of the process.
    • We will do our best to prevent you from conviction.

    Benefits Of A Top-Rated AZ Admin Per Se Suspended License Defense Attorney

    Tobin Law Office Provides These Benefits As A Qualified Lawyer For You

    • Our team of lawyers at Tobin Law Firm are experienced in defending clients facing an Admin Per Se Suspension of their license. That experience allows us to represent you with confidence, aggression, and with anticipation of what will come next in the process./span>
    • The attorneys at Tobin Law Firm carry an intimate knowledge of DUI laws in Arizona, and stay current with updated regulations. Our solid understanding of the law and how it applies in various situations allows us to proceed confidently in complicated cases.
    • At Tobin Law Firm, we treat every client with priority, respect, and professionalism. We take your situation seriously and will not rest until you have received the results you deserve. Our skill, experience, and reputation for success have earned us the #1 rating in Arizona.

    Admin Per Se FAQs

    Read Our Frequently Asked Questions About Our Admin Per Se Suspension Lawyers

    The Admin Per Se DUI Suspension is ninety (90) days. At the end of the 90-day suspension, you must reinstate your driving privilege.

    Maybe. Many drivers are eligible for a restricted license during the last sixty days of the ninety-day suspension. That restricted license only allows you to drive to work and school.

    You’re NOT eligible for the restricted license if one of the following applies: you caused death or serious physical injury to another person; you were convicted of DUI or had a DUI license suspension within the previous seven years; or, you have an out-of-state driver’s license.

    Before getting a restricted license, you must complete an MVD DUI Screening. Eligible drivers should complete the screening as soon as possible. We strongly caution clients to only complete the screening and not the recommended treatment hours. Some drivers are never required to complete the hours.

    If you’re eligible for the restricted driver’s license, MVD may mail the restricted license to you. The restricted license is not valid until the 31st day of the 90-day suspension. If you’re eligible, but did not receive a restricted license, you’ll need to visit an MVD office to apply for one.

    Sometimes police don’t serve the Admin Per Se during arrest. There are a few common reasons for that: police may wait for blood results to come back; police may determine that you BAC is below .08; and, police may decide not to serve you during arrest.

    Police can still file an Admin Per Se suspension later. As such, it’s important to ensure that your address is current with MVD. If the officer files the Admin Per Se upon receipt of the blood results, you want to make sure you receive the suspension letter. An old address may result in not learning about a suspension.

    If ADOT mails you a corrective action letter advising of an Admin Per Se suspension, MVD will suspend your license, permit, driving privilege, or nonresident driving privilege, 15 days after the letter’s issuance. If you want to delay or challenge the suspension, you or your attorney should request a hearing as soon as you receive it.

    Essentially, an Admin Per Se form is distributed to a person who has been pulled over by law enforcement for suspicion of DUI but refuses to consent to testing. You cannot be convicted without a breath test or blood alcohol test, so if you refuse to comply, your license can be temporarily suspended and replaced with an Admin Per Se form.
    You will need to wait 90 days for your Admin Per Se Suspension to expire, and then reinstate your driving privileges with the local Motor Vehicle Department. The process includes an MVD DUI screening along with paying the reinstatement fees. In some states, you are also able to reinstate your driving privileges online. Visit your local MVD for more detailed information.

    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 logo 3100 W Ray Rd #201 Chandler, AZ 85226

      Tobin Law Office
      3100 W Ray Rd #201
      Chandler, AZ 85226

      480-447-9877

      1910 S Stapley Dr #221
      Mesa, AZ 85204

      480-447-4837