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What is an Admin Per Se in Arizona

Posted on March 15, 2012 in DUI Arrest

Whether you know it or not, you have agreed to give an officer a blood, breath, or urine sample at their request if they have reason to believe that you were operating a motor vehicle with a Blood Alcohol Content (BAC) above a .08%. It was one of the many lines in small print right above the signature line when you signed up to get your AZ driver’slicense issued. The agreement (that you probably didn’t even know you entered) says that if you are found by MVD to have been driving with a BAC above a .08, than you will be forced to serve a 90 day driving suspension. There is no automatic hearing to make that determination. If the officer thinks your BAC is higher than a .08, then you get asuspension. Since driving is a privilege and not a right in Arizona, due process does not attach as stringently, which means that a Judge does not have to look at it. YOU have to request that a Judge reviews the material or else the suspension automatically goes into effect. Furthermore, YOU have to request that a Judge look at it within 15 days of theofficer notifying MVD or else you waive your right to have a Judge look at it. From a practical perspective, it means that you can be totally innocent of DUI, be picked up and arrested in a holiday sweep, and if you don’t know the system intricately enough to make timely request for hearing with MVD, then you are stuck losing your license for 90 days.No matter what your circumstance is, if you have been arrested for a DUI, you need to have a smart and aggressive attorney help you assert your rights. Contact us today for a free consultation.

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