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A Review of the Admin Per se Implied Consent Affidavit

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.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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