Phoenix Admin Per Se And Implied Consent Lawyer
If you or somebody close to you has been charged with a DUI in Arizona, it is critical to hire an experienced attorney that will fight for you. Here at the Cates & Garvey Law Group, we have years of experience defending DUI cases across Arizona. Also, Dwane Cates is certified by the State Bar of Arizona as a specialist in criminal law and has over 20 years of experience in handling DUI cases. In addition, all of the lawyers at the Cates & Garvey Law Group have handled numerous DUI cases in many different counties across the state. We are aggressive at mounting defenses and strategies to help you fight a DUI allegations. For a free, 30-minute initial consultation, give us a call at 602-922-2539.
What Is The Admin Per Se Affidavit?
If you have been stopped and arrested for a DUI a police officer will have issued you an Admin Per Se Affidavit. Unlike your ticket which in most cases will tell you where and when your next court date will be located, the Affidavit is a form for the MVD. Once you have been served the Admin Per Se Affidavit by a police officer or law enforcement your license will automatically be suspended in 15 days, unless you request an Administrative Hearing at the Executive Hearing Office. If you request a hearing the Affidavit will serve as your license up and until the day of the hearing. A Judge at the Executive Hearing Office will determine whether the suspension will be upheld and set the start date for the license suspension.
The actual Affidavit is a triplicate form which an officer completes during the DUI investigation. Typically the officer will send the white copy of the form to the Division for data entry of the Citation Unit, the yellow copy is given to the individual and serves as the temporary license, the pink copy is used to request a hearing. The officer will keep a blue copy.
The front of the Affidavit contains information related to the incident such as date, time, clues of intoxication, personal data, other details surrounding the DUI investigation. The back of the Affidavit contains the Admonitions or a serious of questions that the officer completes during the DUI stop or investigation.
After an officer completes the Admonitions portion of the document he or she will either mark A.R.S. § 28-1385 or A.R.S. § 28-1321 which is located at the bottom of the front page of the Admin Per Se document.
If an officer marks A.R.S. § 28-1385 then the persons license will automatically be suspended in 15 days of the date issued. An automatic suspension of 90 days will be issued. The suspension may be issued even if the results from a blood test which contain the individuals blood alcohol content (BAC) has not been received.
If an officer marks A.R.S. § 28-1321 this is an implied consent Affidavit is served when a person refuses or is unable to consent to a blood, breath, or urine sample. Often, if a person refuses to provide a test then the officer will subsequently request a warrant from a judge in which will grant the officer the ability to obtain a blood sample. A suspension as a result of an implied consent refusal is a mandatory one-year suspension.
In most circumstances, the officer will confiscate your actual driver’s license. It’s not only important to keep all paperwork handed to you by an officer, but also obtain some type of photo idea as soon as possible. Often you will be required obtain fingerprints after any type of DUI arrest and it will be necessary to have a photo ID in order to complete that process.
Requesting A Hearing
If you would like to request a hearing at the executive hearing office this must be done within 15 days. Once requested it normally takes approximately 30 days after the date of the request. The hearing will be conducted at the location closest to where you were stopped or served the Admin Per Se Affidavit. If you are located in Maricopa County this is normally at the Executive Hearing Office Located at Phoenix City Square, 3838 N Central Ave Suite 300, Phoenix, AZ 85012. However, if you are located in another county the hearing is normally conducted at the MVD via a video conference with a judge who is located at the Executive Hearing Office in Phoenix, Arizona. We always recommend that you consult with an attorney prior to requesting a hearing. Requesting a hearing may have adverse consequences such as requiring that you obtain SR-22 insurance.
What Is SR-22 Insurance?
The term SR-22 stands for Future Financial Responsibility and is proof or a certificate of insurance from an Arizona licensed insurance Company. SR-22 insurance is in many ways insurance for your insurance. If you are obtaining a SR-22 insurance for a revocation or suspension than you are required to maintain proof for three years from the date your become eligible for reinstatement.