Admin Per Se DUI Suspension and Implied Consent DUI Suspension in Arizona (2024)
Arizona is one of many states that have automatic suspensions after a person is charged with DUI. There are several ways your license can be suspended for a DUI, but the most common are:
Admin Per Se DUI Suspension
A DUI Conviction
Admin Per Se DUI Suspension
Admin Per Se DUI Suspension under A.R.S. § 28-1385 comes into effect when a person is suspected of DUI, consents to a blood/breath/urine test, and that test returns a blood alcohol content of over 0.08 (0.04 if the suspect was driving a commercial motor vehicle) OR any drug defined under A.R.S. § 13-3401 (such as marijuana, cocaine, methamphetamine, heroin, etc.). This will result in the suspect’s driving privileges being suspended for ninety (90) days.
Implied Consent DUI Suspension
Implied Consent DUI Suspension under A.R.S. § 28-1321 occurs when a person is suspected of DUI but refuses to consent to a blood, breath, and/or urine test. When this happens, a person’s driving privilege will be suspended for one (1) year or two (2) years if they have a prior refusal within 84 months (7 years).
DUI Suspension Admonitions
With Admin Per Se and Implied Consent DUI Suspensions, Arizona officers MUST give admonitions according to Arizona Law. The suspension may be voided if they fail to give these warnings or give them inadequately.
How can an Experienced Criminal Defense Attorney Defend a DUI License Suspension?
There are several ways a criminal defense attorney can defend your DUI Suspension. The first thing would be to contest the suspension with a motion to the Arizona Department of Transportation Executive Hearing Office. When a motion is filed in a timely manner, the Arizona MVD will place a hold on the suspension until a hearing is held on the issue. At the hearing, an officer will present evidence to a hearing officer to determine if the suspension is valid or should be voided. An experienced DUI criminal defense attorney may also assist your case by:
Preventing you from having to get costly “SR-22” high-risk car insurance;
Voiding the suspension;
Getting you a restricted driver’s license allowing you to travel to work and other locations.
NOTE: There is only a short timeframe for contesting an Arizona Admin Per Se or Implied Consent DUI Suspension. If the timeframe passes, the suspension will go into effect, and the ability to challenge it will be waived. It is critical to challenge the suspension properly and timely in order to preserve your right to drive.
Can my Arizona license be suspended if I don’t have DUI charges?
Absolutely. Under the Arizona Admin Per Se A.R.S. § 28-1385 or Implied Consent law A.R.S. § 28-1321, your license may be suspended regardless of whether charges are filed against you. In many cases, criminal charges will be pending for blood lab results to be completed. However, the Admin Per Se/Implied Consent DUI Suspensions will continue to move forward unless appropriate action is taken. Having an experienced criminal defense attorney on your side is crucial to fighting your case. Do not wait for charges to be filed; you might unknowingly waive certain rights under Arizona law.
Why Choose Millar Law to Defend Your Criminal DUI Case and License Suspension?
We have a team of former prosecutors with years of experience on both ends of the table who are ready to fight on your behalf. Our office has successfully voided countless DUI license suspensions and received dismissals on many DUI cases. If you or someone you know is suspected of DUI or is facing a DUI license suspension, contact our office at 602-900-0545 to hear what we can do for you.
