Criminal Defense & DUI Attorney in Mesa, AZ
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Admin Per Se Suspension

Admin Per Se Suspension

If you were charged with a DUI you may have been served with an Admin Per Se/Implied Consent Affidavit at the time of your arrest. If you were served, ask your attorney if a hearing should be requested. You have 15 days from the date of the Admin Per Se/Implied Consent Affidavit to requests a hearing.

If you were not served at the time of your arrest, make sure the MVD has your current address and that you check your mail regularly as you will most likely receive a Corrective Action Notice in the mail. Once you receive this notice, contact your attorney about requesting a hearing. You have 15 days from the date of the notice not the date you received it to request a hearing.

If your BAC is above a .08, the officer will forward those results to the MVD which will trigger the Admin Per Se Suspension and you should receive a Notice of Suspension in the mail. This notice will have the start and end date of your 90 day suspension.

If you submit a request for an administrative hearing, your license will remain valid until a hearing has been held. During this time, you are perfectly fine to drive and if the officer took your physical license, the yellow copy of the Admin Per Se/Implied Consent Affidavit is your valid license during this time. It takes approximately two months for the MVD to schedule a hearing. A hearing notice will be sent to both you and your attorney’s office. Your presence at the hearing may not be required, check with your attorney beforehand.

If your 90 days license suspend is upheld at the hearing, most people are eligible for a restricted permit after the first 30 days. This means that for the first 30 days you cannot drive at all and for the remaining 60 days will have restricted driving privileges. i.e. driving to and from school, work, doctor’s appointments, counseling appointments, etc. Your attorney will be able to tell you if you are eligible for the restricted permit. If you are, you will need to complete an alcohol/drug screening before a restricted permit will be issued. A list of acceptable alcohol/drug screening agencies can be found on the MVD website.

You can choose any agency on the list to complete an alcohol/drug screening. You will need to bring a copy of your citation to the screening. Once the first 30 days of your suspension are up, and you have completed the alcohol/drug screening, you will be able to go to any DMV location and apply for the restricted permit on the 31st day of your suspension; there is no fee for the restricted permit. Once the 90 day suspension is over, please remember to reinstate your license with MVD, otherwise the suspension will remain in effect. You may pay the $50 reinstatement fee online at or in person at any MVD location.

If you or a loved one has been arrested for a DUI and about to lose your license, contact our office at 480-889-8909 for a free consultation to discuss your options.


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