A.R.S. 28-1385: License Suspensions and Your Rights

ars 28 1385Arizona Revised Statute 28-1385 describes the so-called administrative or admin per se license suspension in the aftermath of a DUI. Here’s everything you need to know about it.

What is Admin Per Se Suspension

The admin per se suspension is based on a BAC of 0.08. In this instance, a license suspension for a period of 90 days will be enforced.

The rule is also known as the admin per se implied consent suspension. It’s different from the implied consent suspension that is enforced whenever a driver refuses to provide a sample for BAC testing. In the case of such a refusal, the license of the driver will be suspended for a period of one year, regardless of the BAC test result.

Your license suspension under A.R.S. 28-1385 starts 15 days after you’ve been served with the respective papers. When a police officer hands you the paperwork, your license will be confiscated. You’ll be provided with a yellow admin per se document, which plays the role of a license for the remaining 15 days.

Click here for additional information on MVD hearings in Arizona.

Your Rights

In case you’re subjected, to an A.R.S. 28-1385 license suspension, you have the right to schedule a hearing and challenge the penalty. You will have to turn to the Motor Vehicle Division (MDV), providing a written explanation as to why the admin per se suspension should not go into effect. This is an administrative and not a judicial hearing request. The MVD hearing takes place separately from the DUI conviction procedure you’ll also be going through.

The hearing can be requested in the 15 days until the license suspension is enforced. If you make such a request, the license suspension will be put on hold and you will continue driving using the yellow admin per se document until the MDV schedules a hearing. A hearing date will typically be set within the coming one to three months.

This means that requesting a hearing will give you some control over when the suspension is going to be enforced. Even if the hearing doesn’t conclude in your favor, you’ll still have a longer period of time to get things in order.

At the hearing, both you and the arresting officer will share testimonies with the administrative judge. The judge will have to determine whether the law enforcement professional had the right to stop you and arrest you.

Attempting to represent yourself at the hearing is not a good idea, regardless of the fact that the process is administrative. There are numerous specifics that will be taken in consideration and if you’re not familiar with the process, you will fail providing the most important information to challenge the arrest and the license suspension.

Keep in mind that even if you win the hearing, the license suspension will still go in effect for 0 days in the event you’re found guilty of DUI. Committing the DUI will come with additional sanctions like the installation of an IID in your car, fines and even a possible jail time.

Other Important Terms and Conditions

If the admin per se suspension goes in effect, you’ll need to keep a few key essentials in mind.

There will be no driving permitted in the first 30 days of the administrative measure. If you complete court-mandated alcohol screening or a treatment program, you will be capable of getting a restricted license after the completion of the first 30-day period.

A restricted permit will enable you to drive to your place of employment, school, university and addiction classes.

After the end of the 90-day period, you’ll have to approach the MVD for the reinstatement of your license. Through the completion of this procedure, you will finally get the license that the arresting police officer confiscated at your DUI stop.