What is an Admin Per Se Suspension in Arizona? ARS 28-1385
Aaron Black • February 28, 2015
What is the Admin Per Se ARS 28-1385?
- 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.
- 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.
- The Yellow Admin Per Se, ARS 28-1385, Paper is now your license for the remaining 15 days.
- Do NOT go get an Arizona ID card. Use another form of identification (passport).
- You have the right to request a hearing regarding the suspension.
- 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).
- Even if we win this hearing, your license will still be suspended for the 90 days if later convicted of DUI.
- If we win the hearing and you are later convicted of DUI you will also have to purchase SR22 Insurance.
- 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?
- 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.