If you have been arrested or charged with a DUI in El Mirage, you will be facing an “admin per se” or “implied consent” license suspension. This suspension is a completely separate action from the criminal DUI charges. In fact, this license suspension will often go into effect prior to your first criminal court date if you do not request a hearing with the MVD/ADOT in a timely manner.
The attorneys at the Rosenstein Law Group offer representation for both the license suspension hearing and the criminal case, to ensure that you receive the best possible outcome in your case.
A license suspension will go into effect 15 days after the date of your arrest if you do not act. It is recommended that you contact a DUI attorney as soon as possible after your arrest to discuss your options. Within 15 days of your arrest, a DUI attorney can request a license suspension hearing on your behalf, which will stay the license suspension—allowing you to continue driving.
Call the Rosenstein Law Group immediately at 480-248-7666 or contact us online so that we can protect your driving privilege and begin preparations for your MVD license suspension hearing and criminal case. We are available 24/7 and offer free consultations.
How long the suspension will last varies case-by-case. In general, there are two types of license suspensions that are triggered by a DUI arrest, an “admin per se” and an “implied consent” suspension.
If you were arrested for a DUI in El Mirage, the officer likely gave you a pink piece of paper with the words “ADMIN PER SE/IMPLIED CONSENT AFFIDAVIT” written across the top. If you look toward the bottom portion of that page, you will find a rectangular box titled “ORDER OF SUSPENSION.”
In that box are two paragraphs with checkboxes. If the checkbox beside the first paragraph is marked, then you are facing a 12-month implied consent driver’s license suspension.
If the checkbox beside the second paragraph is marked, then you are facing a 90-day admin per se driver’s license suspension.
Hiring an attorney to represent you at the license suspension hearing may help to avoid the license suspension or gather crucial evidence for your criminal case.
An admin per se suspension is the most common license suspension following a DUI arrest. This is a 90-day suspension that will begin 15 days after your arrest if you do not request a hearing with ADOT. This suspension can be enforced regardless of whether your DUI case is still pending in the criminal case.
An implied consent suspension occurs if someone is arrested for a DUI and refuses to consent to a test of their blood, breath, urine, or other bodily substance to determine their BAC or whether a drug or its metabolite is in their system. An implied consent suspension is typically a 1-year suspension but may be a 2 year suspension if you have had a prior implied consent suspension in the previous 7 years. Similar to the admin per se suspension, this suspension can go into effect even before your criminal DUI case is resolved.
If you receive an admin per se or implied consent suspension, you may be eligible for a restricted driving permit. An experienced DUI attorney at the Rosenstein Law Group can help you obtain a restricted driving permit; call us at 480-248-766 or contact us online.
To be eligible for a restricted driving permit, you must complete an approved alcohol or substance abuse screening prior to receiving a restricted driving permit. For an admin per se 90-day suspension, you may be eligible for a restricted driving permit after serving the first 30 days of the suspension, allowing you to drive for the remaining 60 days.
If you receive an implied consent 1-year suspension, you may be eligible for a “special ignition interlock restricted driver license” also called a “SIIRDL.” As the name implies, this restricted driver’s license will require you to equip your vehicle with a certified ignition interlock device during the period of restriction. Eligibility for a SIIRDL begins after serving the first 90 days of the 1-year implied consent suspension; you will also have to pay an MVD application fee.
The restricted driving permit will allow you to drive for the following purposes:
In some cases, it may be prudent to challenge the license suspension at an MVD license suspension hearing. In other cases, you Amy wish to stipulate to the suspension. The license suspension hearing is held by an ADOT administrative law judge with a police officer testifying as a witness for the state. The attorneys at the Rosenstein Law Group are well versed in the admin per se and implied consent suspension hearing process. We can advise you on different strategies depending on the specific facts of your case. Contact the Rosenstein Law Group at 480-248-7666 or online for a free consultation and case evaluation.