What is an Admin Per Se Suspension in Arizona? ARS 28-1385

by Aaron Black • February 28, 2015

What is the Admin Per Se ARS 28-1385?

  1. When you are accused of a DUI, MVD or the Police Officer will suspend your license for 90 days. This is the Admin Per Se Implied Consent suspension. If you refuse the blood or breath test your license will be suspended for one year. This is called the Implied Consent Suspension.
  2. If you were served the Admin Per Se, ARS 28-1385, on the night of your arrest (pink and yellow papers), your license suspension will start 15 days after you were served. When the officer serves this paperwork on you he/she will confiscate your driver’s license.
  3. The Yellow Admin Per Se, ARS 28-1385, Paper is now your license for the remaining 15 days.
  4. Do NOT go get an Arizona ID card. Use another form of identification (passport).
  5. You have the right to request a hearing regarding the suspension.
  6. We must request a hearing with 15 days of being served. If this is done, your suspension will be stayed (This means you can continue to drive until we have the MVD hearing which may be in 2-3 months).
  7. Even if we win this hearing, your license will still be suspended for the 90 days if later convicted of DUI.
  8. If we win the hearing and you are later convicted of DUI you will also have to purchase SR22 Insurance.
  9. Requesting a hearing will also allow us to somewhat control when we want the suspension to start. Maybe you will be out of town for a week or two?
  10. If you received an Admin Per Se, ARS 28-1383, then you have a pending DUI. Call Aaron Black at 480-729-1683 or visit the LawOffice of Aaron M. Black, pllc to prepare for the fight.
If the officer did not take your license and did not serve the Admin Per Se on you, it will come in the mail. If/when your blood comes back over a .08 MVD will send the suspension paperwork to you. MAKE SURE YOUR ADDRESS IS UP TO DATE WITH MVD.

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.
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