What is Admin Per Se in Arizona?

What is Admin Per Se in Arizona? Admin Per Se in Arizona refers to an administrative action taken by the Motor Vehicle Division (MVD) against drivers suspected of operating a vehicle under the influence of alcohol or drugs. The Admin Per Se suspension begins 15 days after an officer serves the driver with an affidavit and can result in a 90-day license suspension.

This process is separate from any criminal charges related to DUI. It allows the MVD to quickly remove potentially dangerous drivers from the roads while their case proceeds through the court system. The Admin Per Se law works in conjunction with Arizona’s Implied Consent law, which requires drivers to submit to chemical testing if lawfully arrested for DUI.

Drivers served with an Admin Per Se affidavit have the right to request a hearing to challenge the suspension. They must act quickly, as the request must be made within 15 days of receiving the affidavit. Understanding the Admin Per Se process is crucial for anyone facing a DUI charge in Arizona, as it can have immediate and significant impacts on their driving privileges.

If you have been charged with a DUI in Arizona, you need an Arizona DUI lawyer at your side. Contact us today for a free case consultation!

Understanding Admin Per Se in Arizona

Admin Per Se is an administrative process in Arizona that allows for swift driver’s license suspension following a DUI arrest. It operates independently from criminal proceedings and aims to quickly remove potentially dangerous drivers from the roads.

Legal Definition and Origin of Admin Per Se

Admin Per Se in Arizona refers to the automatic suspension of a driver’s license when a person is arrested for driving under the influence (DUI) and meets certain criteria. This administrative action is based on Arizona Revised Statute 28-1385. The suspension takes effect 15 days after the driver is served with an Admin Per Se / Implied Consent Affidavit by law enforcement.

The process originated as part of efforts to enhance road safety by swiftly addressing impaired driving. It allows for license suspension before a criminal conviction, based solely on the initial arrest and chemical test results.

Comparison with Other DUI Laws

Admin Per Se differs from criminal DUI proceedings in several key ways:

• Timing: Admin Per Se acts quickly, potentially suspending a license within 15 days of arrest. Criminal cases often take months to resolve.
• Burden of Proof: The standard for Admin Per Se is lower than for criminal conviction.
• Consequences: Admin Per Se only affects driving privileges, while criminal convictions can result in fines, jail time, and other penalties.
• Appeal Process: Drivers can request an administrative hearing to challenge the suspension, separate from any criminal court proceedings.

Unlike some states, Arizona’s Admin Per Se law applies to both breath and blood test results, enhancing its effectiveness in addressing impaired driving.

Administrative Procedures and Consequences

The Admin Per Se process in Arizona involves specific procedures following a DUI arrest and carries significant administrative penalties. Individuals have options for challenging the suspension through judicial review and appeals.

Process Post-DUI Arrest

After a DUI arrest in Arizona, officers may issue an Admin Per Se affidavit if the driver’s blood alcohol concentration (BAC) is 0.08% or higher. This document serves as notice of license suspension.

For blood tests, some jurisdictions wait for lab results before issuing the affidavit. This can take several months depending on lab backlogs.

Larger jurisdictions often provide the Admin Per Se affidavit immediately at the time of arrest.

Drivers receive a copy of the affidavit, which initiates the administrative process.

Administrative Penalties

The primary consequence of Admin Per Se is the suspension of driving privileges. This occurs independently of any criminal proceedings related to the DUI charge.

Drivers face reinstatement fees to regain their license after the suspension period.

Completion of a drug and alcohol screening program is typically required before reinstatement.

The length of suspension varies based on factors such as BAC level and prior offenses.

Out-of-state drivers should note that while Arizona cannot suspend their license directly, their home state will be notified of the DUI arrest.

Judicial Review and Appeals

Drivers have the right to request an Administrative Hearing or a Summary Review through the Executive Hearing Office.

These options allow individuals to challenge the license suspension.

Requests for hearings must be made within a specific timeframe after receiving the Admin Per Se affidavit.

During the hearing, drivers can present evidence and arguments against the suspension.

If unsuccessful at the administrative level, individuals may pursue further appeals through the court system.

Legal representation is advisable but not required for these proceedings.

Charged with a DUI in Arizona? Contact Queen Creek Law Firm today for a Free Case Consultation!

Facing a DUI charge in Arizona can be overwhelming. The state’s stringent drunk driving laws mean serious consequences for those convicted.

Don’t navigate this complex legal situation alone. Queen Creek Law Firm is here to help!

We offer free initial consultations for DUI cases, which allows you to discuss your case with our experienced Arizona DUI lawyer, Tyler M. Allen, and learn how we can help you.

During your free consultation, we will:

• Review the details of your arrest
• Explain potential penalties
• Outline possible defense strategies
• Answer your questions

Time is of the essence in DUI cases. Acting quickly can help preserve important evidence and meet critical deadlines.

Remember, you have the right to legal representation. A skilled DUI defense attorney can guide you through the legal process and work to achieve the best possible outcome.

Don’t let a DUI charge derail your future. Reach out to us today to schedule your free case consultation and take the first step in protecting your rights.