Super Extreme DUI .281 (Mesa) – Reduced to Regular DUI - 5/31/2017


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My Client was charged with Super Extreme DUI and DUI Drugs. He was arrested and the entire investigation was on video. Things looked bad for him however, after reviewing the video for two hours I found a twenty second fatal mistake that was made by the arresting Officer. He read my client the wrong admin per se/implied consent form that was deemed the equivalent of coercion by the Arizona Supreme Court.

What is Admin Per Se?

If you have been charged with a DUI in Phoenix the police officer probably gave you a yellow and pink form that says Admin Per Se/Implied Consent.  Arizona’s Implied Consent law states that if you arrested lawfully by an officer who has grounds to believe that you have been drinking and driving or driving under the influence of drugs, then you automatically consent to taking a breath, urine or blood test to determine your blood alcohol content (BAC.)
 
The Admin Per Se paper will temporarily act as your license and your license will be suspended for 90 days. If you do not act, the 90 day suspension will begin 15 days after you received it.
 
For the first 30 days of the 90 day suspension you will not be allowed to drive at all, not even to work or school. If you complete the MVD (Motor Vehicle Department) alcohol screening you will be allowed to drive only to and from work or school for the remaining 60 day suspension.
 
One of the first things you need to know is that a DUI (Driving Under the influence) charge and the License Suspension (MVD) in Phoenix are two different proceedings. A DUI charge is considered criminal and the MVD (Motor Vehicle Department) is deemed civil. What can also happen is the dismissal of your DUI however, the Motor Vehicle Department may still suspend your license.

Blood alcohol charges dismissed

I brought the issue of the Admin Per Se to the attention of the Prosecutor and they agreed to dismiss the blood alcohol charges. However, there was video evidence of my Clients impairment. My client agreed to the impairment and accepted a deal that saved her jail time, thousands of dollars and over one year with the IID (Ignition interlock device.)

If you are facing DUI charges in Phoenix, Arizona, or you have questions about the charges against you please contact Aaron Black or call (480)729-1683 for a free consultation.
 

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