Admin Per Se
If you have been licensed by the state of Arizona to operate a motor vehicle, you have agreed to provide, for testing, a sample of blood, breath or urine to a law enforcement officer who is investigating whether or not you were driving under the influence (DUI) of alcohol or drugs.
In Tempe, Scottsdale or Chandler, if you have been arrested on charges of DUI it is important that you should consult experienced Arizona DUI lawyers like those associated with the Law Offices of Craig W. Penrod, P.C.
In the state of Arizona, when a person seeks permission from the state to operate a motor vehicle, they agree, at the time they are issued their driver’s license, to submit to a chemical test if they are arrested for DUI of alcohol, drugs, or both. Legal permission to collect these biological samples was contained within one of the many lines in small print right above where you signed the application you submitted to the Arizona Motor Vehicle Division (MVD) for a license to operate a motor vehicle. Under the auspices of ARS § 28-1321 and 28-1385, a law enforcement officer may confiscate the driver’s license of any person who refuses to submit to or fails to complete a test designed to determine their level of impairment or if test results show that they were operating a motor vehicle with a blood alcohol concentration (BAC) exceeding 0.08 percent. This effectively allows for a 90-day suspension of your driving privilege without any court action. The law enforcement officer will confiscate your driver’s license and serve you with an order of suspension or revocation.
Upon receiving an admin per se affidavit or a corrective action notice from a law enforcement officer, you have the right to request a hearing before an administrative law judge at the Executive Hearing Office of the Arizona MVD. State regulations specify that there is no automatic hearing in order to make a determination regarding a justification for the suspension. There are very strict timelines for persons who are seeking a hearing, thus if you fail to make your request within the timelines indicated on the admin per se affidavit or the corrective action notice, any right to had to a hearing will be forever waived.
Since driving a motor vehicle in the state of Arizona is a privilege and not a right, there is no question of due process as a judge is not required to review the facts of the case and to make a determination. Instead, a request will need to be made for a judge to conduct a review of the material before a suspension automatically takes effect. Furthermore, the request for a review has to take place within 15 days of notification to MVD by the law enforcement officer.
The Law Offices of Craig W. Penrod offers free consultations for all DUI and criminal matters. Our Arizona DUI attorneys and Arizona criminal lawyers can provide you with the experience and knowledge needed for qualified representation. An experienced Arizona DUI lawyer is vital in cases of driving while intoxicated and our DUI attorneys set that standard. If you’re in need of a criminal defense, our Arizona criminal attorneys are ready to assist you. Let our Phoenix area DUI lawyers and criminal attorneys serve you.