Admin per se Suspension for Phoenix DUI Charges
In the state of Arizona, an Admin Per Se form is given when a person is pulled over on suspicion of driving under the influence and either refuses or is unable to consent to, a BAC test. The law enforcement officer must provide the driver with a copy of the Administrative Per Se Implied Consent Affidavit. This form reminds the driver that when he or she obtained a driver’s license, there was implicit agreement to submit to BAC testing if under suspicion of DUI.
If you’ve been charged with a DUI in Phoenix Arizona, you are facing extremely severe penalties if convicted. Because of this, it is crucial that you have a highly experienced DUI attorney from the Ciccarelli Law Offices on your case as quickly as possible.
Why Choose the Ciccarelli Law Offices for Your Phoenix DUI Charges?
The Ciccarelli Law Offices are here and ready to help you with your DUI charges. There are many reasons to choose our law firm when handling your Phoenix DUI case and avoiding the loss of your driver’s license.
- Our Phoenix DUI team has almost a hundred years of criminal defense experience, including DUI defense.
- We are battle-tested in local court systems and know the best ways to take on the local District Attorneys.
- We are extremely well-versed in alternate sentencing programs available to those charged with a DUI.
- We strive to maximize your options, leaving you well-equipped to make the most informed decision regarding your DUI case.
- We have a full understanding of the implications and consequences of a DUI investigation, prosecution, and conviction.
- At Ciccarelli Law Offices, our attorneys also understand the collateral damage a DUI conviction can bring, including the possible loss of employment, difficulty obtaining employment, the social stigma attached to a DUI conviction, and the financial devastation a conviction can bring.
- Our goal is to minimize all those issues to the extent possible, helping you get your life back on track as quickly as possible.
- We have the resources necessary to fully investigate the charges against you and will help you deal not only with the criminal side of your charges but also with the MVD and handling issues with your driver’s license.
Admin Per Se Suspension for DUI in Phoenix
In the state of Arizona, under A.R.S. §28-1385, when you are arrested on suspicion of driving under the influence, you could lose your driver’s license on the sixteenth day following your arrest. This Admin Per Se suspension will be in effect for 90 days and is based on a BAC of .08, a prescription drug in the body without a valid prescription, or an illegal drug in the body. The arresting officer may take your Arizona driver’s license and give you the Admin Per Se form. If you are an out-of-state driver, the police officer may not confiscate your driver’s license, but the Admin Per Se form will still suspend your driving privileges in the state of Arizona.
If you are from out of state, the Motor Vehicle Department in the state of Arizona informs your state of residence regarding the DUI incident; your state may then revoke or suspend your license. It is important that you receive your Admin Per Se form and that you keep it with you when driving as it will serve as your license for fifteen days. During these fifteen days, you must request a hearing with the Motor Vehicle Department to either challenge or delay the suspension of your driver’s license. If you fail to request a hearing with the MVD, on day sixteen your suspension will begin. Your driver’s license suspension will be delayed until your MVD hearing so long as you request the hearing within the allowed time.
When you look at your Admin Per Se form you will notice a section near the bottom that indicates the suspension of your driver’s license. The second box will be checked unless you refused to provide a breath or blood sample for a BAC reading.
If you request an MVD hearing in a timely manner, your license suspension will be delayed, possibly for a few months, with your Admin Per Se document serving as your temporary driver’s license until a final decision is made regarding your suspension. As you can see, there is virtually no reason not to request an MVD hearing. If you have an attorney on board, he or she will handle the MVD hearing.
Once in a while, the police will not issue you an Admin Per Se form. They may be waiting for the results of your blood test to come back, or they may have determined that your BAC is less than 0.08 percent. Before you celebrate, know that law enforcement may file an Admin Per Se suspension at a later date. Such a notice would be mailed to you at the address the MVD has on file. As soon as you receive the Admin Per Se in the mail you must request an MVD hearing in the same way as if you had received the form at the time of your DUI stop.
How Can an Admin Per Se Affect Your Automobile Insurance?
While this is something you should definitely discuss with your DUI attorney, under certain circumstances it can be to your advantage to eventually stipulate to the Admin Per Se suspension. This is because an Admin Per Se Suspension order that precedes a conviction for DUI could potentially allow you to avoid the requirement of an SR-22 insurance certificate.
If you are required to maintain SR-22 insurance in order to reinstate your driver’s license you will be looking at very expensive—sometimes prohibitively so—auto insurance. You will be required to maintain proof of SR-22 insurance for a full three years. It is important to discuss your Admin Per Se with your DUI attorney to ensure your request for a hearing is done in a timely manner and to determine the timeline that could potentially allow you to avoid SR-22 requirements.
How the Team from the Ciccarelli Law Offices Can Help with Your Phoenix AZ DUI Charges
At Ciccarelli Law Offices, our Phoenix DUI Defense lawyers are passionate about representing individuals accused of DUI across the state. We know that this is a terrifying time and we work tirelessly to protect your rights and freedom at every turn. Let Attorney Lee Ciccarelli help you when you need them most. We have extensive experience helping complex DUI cases in Phoenix AZ and throughout the state of Arizona.
You deserve a Phoenix DUI defense lawyer that is there for you when you need them most. Call us today!