In Arizona, by obtaining a driver’s license the licensee gives implie1d consent to submit to a breath, blood or urine sample so that the government, usually through a law enforcement agency, can measure your blood alcohol concentration (BAC) or determine if you have any drug or its metabolite in your system.
Driving is a privilege – not a right – in Arizona. Accordingly, the state can impose penalties related to your ability to operate a motor vehicle.
When a driver in Arizona is arrested for suspicion of driving under the influence of alcohol or drugs (DUI), that driver is usually provided with an Administrative Per Se / Implied Consent Affidavit. Also known as the “Admin Per Se Form”, this Affidavit is a restatement of the Arizona law as it applies to a person suspected of committing a DUI.
During a DUI arrest, an officer reads the Admin Per Se Implied / Consent Affidavit to the arrested person suspected of committing a DUI. In short, the affidavit explains that the officer is requesting consent to take a sample of your blood, breath, or urine to determine your BAC. The Affidavit also explains the consequences for refusing to consent to the test.
The police will then file the affidavit with Motor Vehicle Division (MVD) which begins the administrative hearing process to suspend your privilege to drive.
What Happens If You Refuse to Consent to Testing of Your Blood?
Asked to submit to a chemical test following a DUI arrest? Contact a Phoenix DUI lawyer to discuss your options. If you refuse to submit to chemical testing for a suspected DUI, the arresting officer must then instruct you that according to Arizona law. A refusal will result in suspension of your license for one year. If you still refuse to submit to chemical testing, the arresting officer will then secure a search warrant to compel you to submit to the testing.
What Happens If You Consent to the Testing of Your Blood?
After being read the admonitions in the Admin Per Se / Implied Consent Affidavit, if you consent to the blood, breath and/or urine test, you will be provided an order of suspension; this suspends your license for 90 days starting 15 days from the date of the service of the Admin Per Se / Implied Consent Affidavit. Your driver’s license may be seized; the pink and/or yellow piece of paper will act as a temporary license for the next 15 days. After those fifteen days expire, their license automatically suspends for 90 days.
Consult a Phoenix DUI Attorney.
A Phoenix DUI attorney can help you contest the Admin Per Se / Implied Consent driver’s license suspension; if appropriate under the circumstances. If a hearing is requested, you can continue to drive until the Administrative Law Judge rules whether to uphold or void the driver’s license suspension.
Collateral consequences can exist with the license suspension. So, persons who wish to contest their license suspension do so with the help of an experienced Phoenix DUI lawyer. For example, one consequence of an administrative license suspension: the requirement to carry “SR22 insurance” for several years.
Additionally, a phoenix DUI lawyer can help you apply for a restricted permit; this will let you drive, with restrictions, for the last 60 days of the 90 day license suspension.
Contact a Skilled DUI Criminal Attorney about an Implied Consent Affidavit Right Away!
Time is of the essence when served with an Order for an Admin Per Se / Implied Consent Suspension. Arrested for DUI? Your driving privileges may be at risk. Our experienced Phoenix DUI attorneys offer free consultations and affordable payment plans. We are available 24/7 to take your call at 602-667-7777 or you can use the convenient online LiveChat feature. So, don’t wait! We look forward to helping you.