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Arizona’s Admin Per Se / Implied Consent Law

During a DUI investigation, a police officer will almost always ask you to provide a post-arrest blood sample, breath sample, or both. If you elect to provide such a sample and reveals that you had a Blood Alcohol Content of .08 or more or any illegal drug in your system, you will be subject to a 90-day Admin Per Se suspension of your driving privileges. Assuming you are eligible and undergo a substance abuse screening with a licensed provider, you can obtain a restricted driver’s license, which will allow you to drive for specific purposes after the first 30 days of the suspension. At the end of the 90-day suspension, you will have to pay a fee to terminate the suspension and reinstate your driving privileges. Note that if your license is suspended under the Admin Per Se law, you will not face another suspension of this type if you are ultimately convicted of a first time DUI. However, suppose your license is not suspended under the Admin Per Se law, and you get convicted of a DUI. In that case, you will then face this same 90-day suspension (with the option of a restricted driver’s license after the first 30 days) and will also be required to obtain an SR22 insurance certificate.

In those cases where a suspect refuse to provide the police with a post-arrest breath or blood sample, the law requires a one-year suspension of their driving privileges. Note that this suspension can be up to two years if you have a prior refusal on your record. However, suppose it is your first time. In that case, you will almost certainly be eligible for a Special Ignition Interlock Restricted Driver’s License after the first 90 days of the suspension, which will allow you to drive for the specific purposes for the remainder of the suspension period.

Admin Per Se Suspension Hearing

At Stone Rose Law, our Phoenix DUI attorneys understand that any suspension of your driving privilege can cause a massive disruption in your life. From going to work to get your kids to school, we all need to be able to drive. You have a due process right to challenge the State before it takes your license away. However, that process requires that you request a hearing within fifteen days of receiving notice of the suspension, whether through personal service of an Admin Per Se / Implied Consent form or via a mailed Corrective Action from Arizona’s MVD. If a hearing is requested on an Admin Per Se Suspension, the State must prove by a preponderance of the evidence that:

  • the arresting officer had reasonable grounds to suspect that you were driving or in actual physical control of a motor vehicle;
  • that you were arrested on suspicion of DUI or Underage Drinking and Driving;
  • your blood alcohol content was .08 or higher, or that you had an unlawful drug in your system; and
  • the manner of testing was valid and reliable.

Meanwhile, in the case of a refusal, the State must prove by a preponderance of the evidence that:

  • the investigating officer had reasonable grounds to believe you were driving or in actual physical control of a vehicle;
  • you were placed under arrest for DUI or Underage Drinking and Driving;
  • you refused or otherwise failed to submit to the test or tests requested by the officer; and
  • you were advised of the consequences of the refusal.

These hearings are useful tools not only for saving your driving privileges but also for pretrial investigations. Since the right to a hearing is waived if the hearing is not requested within 15 days of notice of the suspension, you must contact Stone Rose Law now to protect your rights. The Phoenix criminal defense attorneys at Stone Rose Law are available 24 hours a day, 7 days a week. Contact us online or by calling (480) 498-8998.

Special Concerns for CDL Drivers

If you hold a Commercial Driver’s License (CDL), then a DUI arrest will directly threaten your ability to continue with your livelihood. Thus, it is vital that you hire an experienced attorney to assist you and fight for your rights. An Admin Pe Se suspension, which for most is 90 days with the option of a restricted license after the first 30 days, will result in a much longer suspension for a CDL driver. For a first time Admin Per Se suspension your CDL will be suspended for 1 year. If you are subject to a second Admin Per Se you can lose your CDL for life. The same repercussions follow if you are convicted of a first or subsequent DUI. Even if you beat your DUI charge in criminal court but fail to challenge the Admin Per Se suspension successfully, you could still lose your CDL for one year or life, depending on your DUI history. The long and short of it is that if you drive a commercial vehicle for a living, you can’t afford to hire Stone Rose Law. We will fight for you!

Special Ignition Interlock Restricted Driver’s License (SIIRDL):

If the MVD grants your application for a Special Ignition Interlock Restricted Driver’s License (SIIRDL), this doesn’t allow you to drive anywhere at any time. There are restrictions for holders of a SIIRDL, and the license holder can only lawfully drive:

  • Between their home and place of employment;
  • Between their home, place of employment, and any secondary or post-secondary school where they are enrolled, and pursuant to their employment or school schedule;
  • Between their home and any screening, education or treatment facility for scheduled appointments;
  • Between their home and the office of their probation officer for regularly scheduled appointments;
  • Between their home and their physician or other health care provider’s office;
  • Between their home and the location of their interlock provider’s facility.

If you have any questions regarding a Special Ignition Interlock Restricted Driver’s License, contact Stone Rose Law today by calling (480) 498-8998 today. The Stone Rose Law legal team is happy to help in any DUI related case no matter the stage you are at in the process.

The SR22 Insurance Requirement

SR22 insurance is a particular type of insurance that marks you as a high-risk driver. It is required in the following circumstances:

  • if you are convicted of a DUI without having first been suspended pursuant to Arizona’s Admin Per Se statute;
  • if you are subject to an Implied Consent Suspension for refusing to provide a bodily sample for testing in a DUI investigation, and are later convicted of a DUI arising out of the same investigation; or
  • if your driving privilege was revoked as a result of a 2nd DUI conviction within an 84-month time period.

What sets the SR22 apart from regular liability insurance is that the insurance carrier promises to notify Arizona’s MVD if coverage lapses at any time during the period when the SR22 is required. If this happens, your driving privileges will be suspended. They will be until either the SR22 requirement ends or the MVD receives notice from the carrier that coverage has been reinstated.