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.