Interviewer: What is Admin Per Se/Implied Consent Affidavit and when does someone get it?
The Affidavit Is a Restatement of Arizona Law Provided to Drivers Suspected of DUI
Brian Sloan: The Admin Per Se Implied Consent Affidavit is basically a restatement of Arizona Law that is provided to people who have been suspected of DUI. So, a person who has been stopped, who was questioned, and who has been arrested under suspicion of DUI, are going to be read what is called the Admin Per Se/Implied Consent Affidavit. This is a combination of two laws: It is Arizona 281321 and 281385.
When a Driver’s License Is Obtained in Arizona, the Individual Agrees to Consent to Chemical Testing if a Police Officer Suspects Impairment
Basically, what it says is that pursuant to Arizona Law, the officer is requesting that the person consent to a blood, breath, or urine sample at the officer’s discretion.
The Police Will Obtain a Search Warrant to Compel the Driver to Submit to Chemical Testing
If the person is not inclined to agree then the officer is to then instruct the person that pursuant to Arizona Law, if they continue to refuse that their license will be suspended for one year. Additionally, the officer will contact a judge in an attempt to get a search warrant and if that is granted that they will then take the person’s blood by force if necessary.
If the Driver Agrees to the Chemical Testing, They Are Permitted to Drive for 15 Days
If a person is read the Admin Per Se/Implied Consent Affidavit and they agree to do the blood and/or breath and/or urine test as requested by the officer, then their license to drive will be or privilege to drive will be suspended for 90 days starting 15 days from the date of the service of the Admin Per Se/Implied Consent Affidavit.
If a person has an Arizona Driver’s License, they’re license would be taken away and they would be given a pink and/or yellow piece of paper which would act as a temporary license for the next 15 days.
The Driver Can Request a Hearing to Contest the Pending Suspension; at This Point It Is Best to Retain an Attorney
A person can ask for hearing. If they ask for hearing, they’re allowed to continue to drive basically until that hearing takes place. However, I do not recommend that people take upon themselves to request to hearing.
And if they are going to hire private attorney, let them take care of it because there are some pitfalls to trying and handle things yourself and trying to deal with the hearing yourself.
The biggest pitfall being that if the hearing is not handled correctly, a person may have to carry special Sr22 high risk insurance for a period of several years.
The Admin Per Se/Implied Consent Law Applies to Arizona Drivers; the Police Cannot Confiscate an Out-of-State License
If a person is suspected of DUI, is read the Admin Per Se/Implied Consent Affidavit and agrees to the breath test or blood test or urine test. The officer still has the option of taking away the person’s driver’s license if it is an Arizona license.
