What is the Admin Per Se Suspension?
Arizona Revised Statutes 28-1385 provides a clear explanation of the admin per se suspension – a measure that involves losing one’s driving privileges in the event of alcohol consumption or another form of impairment. This is one of the two such provisions relating to DUI regulations in Arizona, the other one being the implied consent suspension.
A Legal Definition of Arizona’s Admin Per Se Suspension
In Arizona, people who have a license to operate a vehicle give their implied consent to submit to a blood alcohol content (BAC) test in the event of DUI suspicions. This means that driving in the state is perceived as a privilege rather than intrinsic right.
Whenever a driver is arrested for DUI, they will be provided with an admin per se affidavit. This document restates Arizona regulations that pertain to individuals driving under the influence.
As stated in Arizona Revised Statutes 28-1385, people who are accused of driving under the influence will have their license suspended for a period of 90 days. This suspension is known as an admin per se implied consent suspension. Whenever a person refuses to do a BAC test, they will have the driving license suspended for a period of one year under the implied consent suspension.
The statute also states that an Arizona resident has the right to request a hearing during which the admin per se suspension may be challenged. If a request for a hearing takes place, the suspension will be stayed and the person will be granted the right to operate the vehicle until the MVD procedure occurs (usually within a period of two to three months).
Keep in mind that even if a hearing is won, a license will still be suspended in the case of law enforcement professionals being capable of proving that the respective person has committed a DUI.
What Happens during an Admin Per Se Suspension Hearing?
If you believe that the suspension is not just, you can request a hearing. Being represented by a lawyer during the administrative procedure is very important for getting the positive outcome you’re hoping for.
During the hearing, an administrative law judge will be tasked with establishing several things. The most important ones include the following:
- Establishing whether a law enforcement professional had reasonable grounds to arrest a driver on DUI suspicions
- Determining whether the driver did a BAC test and whether the results of the test surpass the state limit that indicates impairment (whether through the use of alcohol or a controlled substance)
- Finding out whether the sample was obtained following the right procedure and whether the test has produced accurate results
If the administrative law judge rules out that all of the conditions have been met, the suspension will be enforced. It will typically go into effect within a 30-day period following the admin per se suspension hearing.
Taking it upon yourself to request a hearing is not a good idea and the consequences can be serious. Talk to an Arizona DUI attorney to understand when a suspension can be challenged and if you have sufficient grounds to oppose the ruling in front of the MVD. Whenever the hearing isn’t handled in the best possible way, there could be several types of consequences. One of them is having to get the rather costly SR22 high risk insurance policy for a period of few years.
Even if the suspension is enforced, an attorney can help you complete the process of applying for a limited (restricted) license. Through the use of such a license, you may be granted a limited right to operate a vehicle for the last 60 days of the 90-day suspension.