The Admin Per Se form serves as a temporary driver’s license for the next fifteen days. If you don’t request a hearing to delay or challenge the suspension, the suspension will go into effect on day sixteen. If you request a hearing, the suspension is delayed until a hearing is held before an MVD judge.
In Arizona, under ARS 28-1385, drivers arrested on suspicion of DUI may lose their Arizona driving privilege fifteen days after arrest. The Admin Per Se Suspension lasts for ninety days. This suspension is based on a BAC of .08, an illegal drug in the body, or a prescription drug in the body without a valid prescription. During a DUI arrest, police may confiscate your Arizona driver’s license and serve you with the Admin Per Se form. (Note: Arizona police are not authorized to confiscate a license from another state; nevertheless, an Admin Per Se will still suspend the privilege to drive in Arizona.) If you have an Arizona license, police will confiscate your license. If your license is from another state, your privilege to drive in Arizona will still be suspended. In addition, if Arizona MVD informs your home state of the incident, your home state may suspend or revoke your driver’s license.
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Experienced Attorney Available For Legal Consultations 24/7 Great Negotiation SkillsNear the bottom of the Admin Per Se form, there’s a section that indicates the license suspension. Unless you refused to provide a sample, the second box should be checked, which reads:
“Pursuant to ARS 28-1385, your Arizona driver license/permit or nonresident driving privilege is suspended for not less than 90 consecutive days effective 15 days from Date Served. If a review of your driver record indicates that you have completed alcohol or drug screening and are eligible for a 60-day restricted driving permit, one will automatically be mailed to your address of record within 45 days from Date Served. This order is final unless a summary review or hearing is requested online or in writing and received within 15 days from Date Served. This suspension is a result of a test to which you submitted. This suspension will not end until all reinstate requirements are met including completion of alcohol or drug screening.”
As you can see, there’s only fifteen days to request a hearing to delay or contest the suspension. If you don’t timely file a hearing request, the suspension automatically starts on day sixteen. If you, or your attorney, timely requests a hearing, the suspension is “stayed” (delayed) until a hearing is held at MVD’s Executive Hearing Office. A timely hearing request will delay the suspension for a few months. If you request a hearing, the Admin Per Se document serves as your temporary license until MVD makes a final decision on the suspension.