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What is the Admin Per Se, Implied Consent Form?

When a driver in Arizona is suspected of driving under the influence of alcohol or drugs (DUI), that driver is provided with an Administrative Per Se Implied Consent Affidavit. Also know as the “Admin Per Se Form”, this Affidavit is a combination of Arizona DUI laws pertaining to ARS 28-1321 and ARS 28-1385 of the Arizona Revised Statutes.

The Admin Per Se Implied Consent Affidavit is a restatement of laws applying to arrest and suspicion of DUI, particularly that the person must consent to a breath, blood or urine test at the officer’s discretion. Drivers are first exposed to these laws when they obtain their driver’s license. Without individual signed consent at the time of licensure, a driver is not permitted a license.

Just as the Miranda Rights are always required to be read as an indication of individual rights and procedure during arrest, the Admin Per Se Implied Consent Affidavit is read to the arrested party, suspected of DUI, to remind them that they have already – by nature of having an Arizona driver’s license – provided consent for chemical testing when suspected of a DUI.

What Happens When Chemical Testing Is Refused at the Time of a DUI?

Either during, or immediately following the time you have been stopped under suspicion, an defense attorney should be contacted before resisting or refusing chemical testing, to ensure the best course of action. Upon refusal to allow chemical testing for a suspected DUI, the arresting officer must then instruct the defendant that according to Arizona law, their continued refusal will result in suspension of their license for one year. If a driver continues to decline to agree for chemical testing to take place to determine their blood alcohol content or drug use as part of a DUI investigation, the arresting officer will then secure a search warrant to force the testing.

When a Driver Agrees to the Chemical Testing

When an arrested individual is read the Admin Per Se Implied Consent Affidavit and they submit to chemical testing of their blood, breath or urine, they will suffer confiscation of their license if their BAC is 0.08 percent or higher. A consenting individual will forfeit his or her license to the officer at the time of administration of the Admin Per Se Implied Consent Affidavit.

After license confiscation, the driver will be granted the continued right to drive for fifteen days after arrest. After those fifteen days expire, their license is automatically suspended for 90 days. For driving during those fifteen days, the defendant will be provided with a yellow or pink paper license that reflects a pending suspension and applicable dates.

What an Attorney Can Do in Regard to Admin Per Se Implied Consent

An attorney can help a driver contest the driver’s license suspension, if that is warranted and advisable for the individual’s DUI case. While awaiting the hearing, the individual can continue driving until the court rules on the driver’s license suspension. It is never recommended that individuals pursue contesting license suspension without an experienced Arizona DUI lawyer. One consequence of poorly handling your own hearing is court ordering of the defendant’s to carry “SR22 insurance” for several years. Such insurance is very costly and can be cost-prohibitive for many drivers getting behind the wheel during the ordered time period.

An experienced DUI defense lawyer can also help the defendant gain restricted driving privileges for the last 60 days of the 90 day license suspension. There are three requirements for being granted these restricted privileges. Those include:

  • Serious physical injury was not caused to another person during the course of conduct leading to the DUI arrest and charges
  • The defendant has not been convicted of a prior DUI, Extreme DUI or Aggravated DUI in the 84 months prior to the current DUI arrest
  • The defendant has not previously lost driving privileges during the prior 84 months due to refusal to submit to chemical test as part of DUI arrest and charges

If you are granted restricted driving rights for the last two months of your license suspension, you will be allowed to drive for the following:

  • To your place of employment and back to your home during employment periods and according to your employment schedule
  • Between home and your secondary or post-secondary school according to the educational schedule
  • Between your home and probation officer’s office for scheduled appointments
  • From your home to a screening, education or treatment facility for scheduled substance abuse-related appointments

Defendants permitted to use restricted driving privileges during the last 60 days of their license suspension will be required to undergo an alcohol screening before obtaining the privileges.

Are Out-of-State Drivers Held Accountable Under Admin Per Se Implied Consent Laws?

Out-of-state drivers cannot immediately lose their license under Admin Per Se Implied Consent. A police officer cannot confiscate a license from another state. Only the issuing state where the driver is licensed can suspend, confiscate or revoke driving privileges.

A Knowledgeable DUI Criminal Attorney Provides the Help You Need

Never underestimate the impact of a DUI charge or arrest. During this difficult time you need the guidance and support of a knowledgeable Arizona attorney. To ensure the highest quality criminal defense, call DM Cantor at 602-307-0808 for a free, no obligation consultation.

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