What is Admin Per Se / Implied Consent License Suspension in Arizona?

by Aaron Black • January 17, 2012

The first thing you must know about DUI is that not only will you have a criminal case where you are facing time in jail, but MVD is going to try and suspend your license. The DUI charge and the MVD proceedings are completely separate and unrelated matters. A DUI is criminal and MVD is civil. Even if you are found Not Guilty of DUI, MVD can still suspend your license!

If you are pulled over for DUI in Arizona and suspected of being over a .08 BAC the police will serve you with a pink and yellow Admin Per Se / Implied Consent Affidavit. If you consented to the chemical test your license will go into suspension 15 days after the date of your arrest. If you refused the chemical test your license will be suspended 1 year after the date of your arrest.

You have a right to a hearing on the license suspension. A timely request for a hearing will stay the suspension. The MVD hearing on the license suspension is an excellent discovery tool for your DUI case. The Admin Per Se / Implied Consent hearing often occurs months before your DUI trial. At the hearing, the arresting police officer must appear and it will be our first opportunity to get the officer's "story" under oath. Inconsistencies between the officer's MVD testimony, interview testimony, and DUI trial testimony will create a valuable impeachment tool.

The Law Office of Aaron M. Black, pllc will file the necessary paperwork to protect your rights to drive. At the MVD hearing the state will call professional witnesses who are trying to take away your right to drive. Do not do this alone. With Phoenix DUI Lawyer Aaron Black you will be represented by experienced counsel who will fight for you!

Call Phoenix DUI Lawyer Aaron Black for a free consultation at 480-729-1683.

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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