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.



 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
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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