DUI consequences in Arizona reach beyond criminal penalties to include license suspension and mandatory ignition interlock requirements under §28-3319, plus administrative and civil impacts. Oliverson Law’s team brings former judge, prosecutor and police officer experience to help clients understand these overlapping sanctions and potential defenses.
Understanding the Admin Per Se / Implied Consent process and how to protect your driving privileges after a DUI arrest.
Anyone charged with a DUI will be served with what’s called an “Admin Per Se/Implied Consent” form. The officer fills that form out and reads them the admonitions regarding whether they’ll consent to do the tests. If the person consents to do the tests after being placed under arrest then they’ll be served with this form, and the officer will note the person’s BAC on the form.
The license issue is a civil administrative matter rather than a criminal matter, so it goes to a hearing with the Arizona MVD Executive Hearing Office.
What has to be proven in a hearing is different than what would have to be proven in court. At an Arizona MVD hearing the state has to prove that the person was driving a motor vehicle, that they were placed under arrest for suspicion of DUI, and that their BAC reading came back above 0.08 or the person had an illegal drug in their system.
If it’s a drug DUI the state has to prove that they had an illegal drug in their system, or that they had a prescription drug in their system without a prescription.
If the state proves its case and the person consented to the test, the consequence is a 90-day suspension of driving privileges. After the first 30 days, they are eligible for a restricted license for work, school, or treatment.
If a person refuses to do any tests after being placed under arrest, the consequence is a 12-month revocation of driving privileges. After the first 90 days, they would be eligible for the same restricted license for the remaining 9 months.
The restricted license allows driving any day of the week, any time of the day, as long as it’s for purposes of work, school, or treatment.
After being served with the Admin Per Se form, you have 15 days to request a hearing with MVD to pause the suspension.
After a person is arrested and served with that Admin Per Se form, they have a couple of options. Once they’re served with that form they have 15 days to decide which option they want to choose.
If you request a hearing during that 15-day period, the suspension will be stayed or paused until the hearing takes place. You would be allowed to drive until the actual MVD hearing. The Admin Per Se form serves as your temporary driver’s license.
If you don’t request a hearing within the 15 days, Arizona MVD will send a corrective action letter with the exact start date of either the 90-day suspension or the one-year suspension depending on whether you consented to the test or refused it.
There are a lot of factors to consider. The first thing we look at is the basis for the stop. Did they have a valid reason to stop and investigate the client? We look at the officers’ training, their experience, whether they followed the training they were given in conducting the DUI investigation or whether there was any kind of constitutional violation that would allow the court to suppress the breath or blood results.
That includes looking into how the field sobriety tests were conducted and whether they gave proper instructions, because if they didn’t then we could challenge the probable cause to arrest. We look at the intoxilyzer machine calibration records, whether the officer is certified to use it, and if a proper deprivation period was conducted.
If the test was a blood draw we look into the phlebotomist qualifications, how they did the draw, proper chain of custody from the time the blood left the client’s body to the time it was tested in the lab, and whether the lab used proper testing methods. In some cases we also do our own independent tests of the blood at a lab here in Arizona.
We weigh these factors with the client when they are deciding whether to go to trial or whether to accept the state’s plea offer.
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
You have just 15 days to act after a DUI arrest. Call us now — we handle MVD hearings and fight to protect your driving privileges.
