Coping with an Administrative Per Se suspension following a DUI case in Arizona can be daunting, considering the stringent DUI regulations in the state. The process can leave you feeling overwhelmed and uncertain of your next steps. But with the right legal assistance, you can safeguard your rights and reduce the negative impact of the suspension on your driving privileges.
Understanding Admin Per Se suspension and seeking legal help is the top priority to ensure you have the necessary support to navigate through the complexities of the suspension process.
What Is an Admin Per Se Suspension?
Under Arizona law, drivers who are arrested for DUI, fail a chemical test or refuse to take one may face an Admin Per Se Suspension as per ARS §28-1385. This automatic license suspension is a serious consequence that can have a substantial impact on one’s ability to drive legally and carry out their daily activities.
The Criteria for Suspension:
- Blood Alcohol Concentration (BAC): APS suspends licenses with a BAC of 0.08% or more for regular drivers, 0.04% for commercial drivers, and 0.01% for those under 21.
- Presence of Illegal Drugs: Having illegal drugs in your system during a DUI arrest can trigger a suspension.
- Prescription Drug Impairment: Even with a valid prescription, if a drug impairs driving ability, it can lead to suspension.
What Happens If You Agree To Take a Chemical Test?
When a driver agrees to undergo a chemical test, they are essentially giving their consent to have their blood or breath analyzed to determine their blood alcohol concentration (BAC).
It is worth noting that if the BAC surpasses the legal limit (0.08), the defendant will be automatically subjected to a suspension of driving privileges. This suspension usually lasts for 90 days, which becomes effective 15 days after you receive the Admin Per Se/Implied Consent Affidavit.
Consequences of Declining To Take a Test
Refusing to take a test for alcohol or drug impairment while driving could cause serious consequences. In many states, refusing this test could lead to a one-year temporary suspension of your driver’s license.
Additionally, if you continue to refuse, law enforcement officials may obtain a search warrant to draw blood for testing purposes. Make sure to weigh in on the potential ramifications of refusing a test and make informed decisions before driving under the influence.
The Admin Per Se Suspension Process
The APS process involves several steps:
- BAC Level Assessment: Exceeding the legal limit triggers the process.
- Immediate Suspension: If BAC is above the limit, suspension occurs in 15 days.
- Notice of Suspension: You’ll receive a notice detailing the suspension specifics.
- Requesting a Hearing: You can challenge the suspension with an administrative hearing.
- Administrative Hearing: Evidence and arguments are reviewed.
- Hearing Outcome: The officer decides on the suspension.
- Driving Restrictions or Reinstatement: Depending on the outcome, driving restrictions may apply, or reinstatement may occur after the suspension period.
How Can A DUI Lawyer Help With Admin Per Se Suspension
If you’re facing a DUI charge and your driver’s license is at risk of suspension, a qualified DUI defense attorney can come to your aid. They can help you with the legal process of requesting a hearing to challenge or delay the suspension and assist you in meeting the requirements for license reinstatement. With their expert assistance, you can overcome the complex legal system and potentially avoid the serious consequences of a DUI conviction.
Safeguarding Your Rights Today
Waging an Administrative Per Se (APS) suspension in Phoenix demands careful understanding and swift action to protect your driving privileges. With the right legal representation, you can mitigate the impact of the suspension and protect your rights throughout the process.
If you’re facing an APS suspension or DUI charge in Phoenix, AZ, don’t face it alone. Contact Atty Brian D. Sloan to understand your legal options, challenge the suspension, and work towards reinstating your driving privileges.