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In short, an Admin Per Se form is given when a person that has been pulled over for suspicion of driving under the influence refuses, or is unable to consent to, a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content.
Arizona DUI laws are very complex. Being accused of driving under the influence is a serious offense, and there are several penalties that are associated with a conviction. At the same time, there are requirements that law enforcement must comply with when making this type of arrest.
The first thing that a police officer must do is confirm that your blood alcohol level is above the legal limit so that you are classified as under the influence. In Arizona, a person is considered operating under the influence if:
Their blood alcohol level is .08 or higher in a passenger vehicle
Their blood alcohol level is .04 or higher in a commercial vehicle
There is an alcohol level in your blood, and you are under the age of 21
Any drug defined in A.R.S. §13-3401 or its metabolite is in the person’s body except if the person possesses a valid prescription for the drug.
Operating under the influence of drugs or illegal substances can be determined by a blood or urine test. If the police officer believes that you are operating under the influence of these items, they can require that you submit to a test before being released to drive.
Receiving an Admin Per Se Implied Consent Affidavit
The second thing that a law enforcement officer must do is provide the driver with a copy of the Administrative Per Se Implied Consent Affidavit. The Arizona Department of Transportation summarizes this form reminds the driver that by accepting an Arizona driver’s license, you have agreed to submit to substance testing if you are suspected of driving a vehicle under the influence of drugs or alcohol.
The Admin Per Se Implied Consent form will be filled out by the attending law enforcement officer, and you will be informed that your license will automatically be suspended in 15 days. You will be given a pink sheet that will allow you to operate the vehicle during this period while the DMV is determining if they will suspend your license.
If you decline substance testing, per the Admin Per Se form, your license will be suspended automatically for one year. It is important to understand that the suspension of your license under the Admin Per Se form is an administrative finding by the department of motor vehicles and has nothing to do with your court case. Having your license suspended under this law does not prove guilt in Superior Court.
What Happens if you Deny Chemical Testing During a DUI Stop
Under Arizona Revised Statutes, the arresting officer must inform the driver that if they refuse to take the chemical testing that is required, they will automatically have their license suspended for a year by the Department of Motor Vehicles and that this evidence can be used against them in a court of law concerning their impending arrest.
Under the laws governing the Admin Per Se form, the police officer must provide this information to the driver and give them a second chance to change their mind. The answer to the question each time it is asked must be documented on the form. The police officer must ask twice, even if the first response was yes.
If you refuse both times, you must surrender your driver’s license to the police officer. You will receive a temporary paper license allowing you to drive for 15 days from that date while the suspension is being processed. After that, your driving privileges are suspended for a year.
What Happens if you Agree To Chemical Testing
If you agree to a breath, blood, or urine test, the police officer must document the agreement on the Admin Per Se form. The outcome of the test will determine the next steps.
If your blood alcohol level registers above the legal limit or if drugs are found in your blood or urine test, you must surrender your license to the officer. You will be issued a paper license that will allow you to operate your vehicle for at least 15 days after the arrest. Once those 15 days have passed, your license will automatically be suspended by the Arizona Department of Motor Vehicles for 90 days.
The Final Step Prior to Arrest
Before the officer formally arrests the driver, they must be read their Miranda rights. Miranda rights apply to all criminal arrests regardless of their severity.
Since the suspension of your license issued by the Admin Pro Se form is separate from any penalties issued by the criminal court, the driver has the right to contest the suspension. It is important that the driver seek legal representation before going to an administrative hearing regarding their driving privileges.
With an attorney representing your petition, you may be able t get your driving privileges reestablished if you have a 90-day suspension for at least 60 of those days. The privileges would come with restrictions, however, and will limit your driving to just attending work or medical appointments.
Having a DUI defense attorney represent your case at the administrative hearing may be able t help you prevent the penalty of being forced to carry SR22 insurance in your car. SR22 is a special insurance rider that you must purchase in addition to your car insurance. Many people who attend these hearings alone find the board granting them driving privileges only if they carry this expensive insurance for several years.
The administrative board will place this requirement on your license, and if you are ever stopped without this coverage, you could face serious penalties. SR22 insurance riders are often cost-prohibitive for people, and they may not be able to afford to drive even if their license is reinstated.
To get your license back during the suspension period, your defense attorney will prove that:
Your DUI arrest was not the result of any other person being seriously injured
The driver had not been convicted of any type of DUI in the prior seven years (84 months) before this arrest
The driver did not lose their driving privileges in the previous seven years for refusing to submit to a chemical test
It is important to understand that if you are granted driving privileges while your license is suspended, it will only be for the last 60 days of the suspension. You will be required to lose your privileges for the first 30 days. Additionally, anyone granted these driving rights will be required to attend a drug or alcohol rehabilitation or educational program.
Legal Representation for Your Court Case
It is very important that you remember that all of the issues concerning the Admin Per Se form are an administrative process and does not have any impact on your criminal charges. If you have been arrested for a DUI, you are still facing criminal charges and will need criminal representation.
Arizona laws are very strict when it comes to penalizing those who are convicted of a DUI. If you have had multiple DUI’s in the past or if you are facing extreme or super extreme DUI, you will face longer jail terms and larger fines.
When you have been arrested for a DUI, even if it is the first offense, you have the potential of receiving one or more of the following penalties:
Required use of an Ignition Interlock Device for a period of time after your driving privileges have been restored
Mandatory attendance of a drug or alcohol program
You can also face many personal challenges when you are convicted of a DUI. A conviction could result in:
Loss of employment
Inability to get certain types of work, such as a Commercial Drivers License
Additional car insurance requirements
Additional expenses for transportation while you cannot drive
Stress among family and friends
Having an Arizona DUI conviction can potentially impact all areas of your life. If you are convicted of a felony DUI, you may also lose certain rights because you will be a convicted felon.
Does the Admin Per Se Form Apply to Out of State Drivers?
Arizona police officers have the authority to arrest anyone who is driving under the influence of drugs or alcohol because this is against state law. The driver will be required to follow through with the criminal court case until the case is concluded.
However, since the Admin Pro Se form is an administrative penalty issued to people with Arizona drivers licenses, this form cannot be used against out of state drivers. Out of state drivers, however, should be aware that their state will be notified of the DI arrest and that driver may face charges or administrative penalties when they return to their home state.
Experience in DUI Cases is Important
The first thing that your DUI defense attorney is going to do is look at the circumstances surrounding your arrest. Everything will be reviewed from the reason that you were stopped at the procedures followed at the time of your arrest.
Your attorney will also closely review the chemical testing that was used to determine you were under the influence. Phoenix DUI Attorney Arja Shah will check if the person performing the test was trained to conduct this testing. The maintenance schedule will be checked on the testing equipment to make sure that it was working properly and up to date on calibrations.
Your attorney will check the chain of command of the test to make sure that there were no discrepancies. They will also evaluate who read the results and their ability to translate those results.
Additionally, your attorney will ask you to describe any health conditions that you may have that could have impacted the test. Some medical conditions like GERD can make a blood alcohol test register as positive even if the person has not had a drop to drink.
Your attorney will review the facts of the case and talk to you about what happened before during and after the arrest. If necessary, your lawyer will speak with any witnesses.
Then, using the resources of their law firm and their knowledge of other similar cases, they will build you a defense that will get you the best possible outcome for your case.
Will Hiring An Attorney Get The Charges Thrown Out?
While there is always a possibility of having your case dismissed, your attorney cannot guarantee the outcome of your case. It is important to understand that your attorney must be open and honest with you at all times about your case, and making false promises would be a breach of their duties to you as an attorney.
However, the Shah Law Firm will make the promise that they will represent your case aggressively and ensure that your rights are protected. They will use all of their knowledge and resources to get the best possible results for the charges placed against you.