How do I get my license back after an ARS 28-1385 Admin Per Se Suspension?

by Aaron Black • April 03, 2019
Drinking and driving license suspensionIf you’re arrested in Phoenix, AZ or surrounding communities on suspicion of Driving under the Influence (DUI) your driver’s license will be suspended for 90 days under the Per Se Doctrine in the Arizona Revised Statutes Section 28-1385. This Latin legal term simply means something that is inherent or self-evident must be accepted as such.

Please note that the license per se suspension and the DUI charge you are facing, though related, take different paths through Arizona’s legal system, comprised of administrative, civil, and criminal proceedings.

The suspension of your license is an administrative act and cannot become evidence supporting the criminal DUI charge.
  • The ARS 28-1385 Admin Per Se suspension is 90 days.
  • The first 30 days there is absolutely no driving.
  • If you finish an alcohol screening (1 hour meeting with a counselor who will recommend you attend 18, 32, or 54 hours of alcohol classes) you will be able to get a restricted license on day 31 of the suspension.
  •  If MVD does not mail you the restriction, you must go into MVD and obtain it. Nothing automatically happens with MVD. You must always go in and do something.
  • The restricted permit allows you to drive to and from work, court, school, alcohol classes, lawyer’s office and probation office.
  • On day 90 you must go back to MVD and reinstate your Driver’s License. This is when you will finally get back your physical license if the police confiscated it.
  • You do not have to finish the above mentioned alcohol classes to get your restricted license. However, if you are convicted of DUI, the judge will make you finish them.
  • The screening can be completed at any MVD/ADOT approved location. I have provided you with a few options (Scottsdale Treatment Institute, Stonewall, Arizona Behavioral Counseling).
If this is your 2nd ARS 28-1385 Admin Per Se within 7 years, your license will be suspended for a straight 90 days. There is no restriction. This 90 day suspension is in addition to a 1 year revocation of your driver’s license.

Contact Phoenix, AZ DUI Defense Attorney Aaron Black to learn more or call (480)729-1683 for a free telephonic consultation.

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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