The Essential Guide to Arizona's Admin Per Se Implied Consent Law in DUI Cases

Arizona's Admin Per Se Implied Consent Law is a part of every DUI case. Admin Per Se and Implied Consent are Department of Motor Vehicle ("DMV") issues relation to DUI license suspensions. But, both are two different things. Admin Per Se is a legal term used to refer to an automatic suspension of a person's driver's license for a certain period of time IF: the person is driving and their blood alcohol content is over .08%. Implied Consent refers to the legal concept that all drivers on public roads have implicitly given their consent to chemical testing of their blood, breath, or urine if the person is suspected of DUI. Simply put, Implied Consent is considered an agreement that drivers make when they apply for and accept a driver's license in Arizona. In accepting a driver's license, a driver agrees to submit to chemical testing if they are pulled over on suspicion of DUI.

ADMIN PER SE
Under Arizona law, a driver with a blood alcohol content greater than .08% faces a 90-day suspension of their driver's license. Indeed, the police will generally confiscate a person's license after a breath test result registering greater than .08%. Indeed, the officer will also issue a temporary restricted driving permit that is in effect for 15 days from the date the Admin Per Se is served. However, a driver requesting a DMV Administrative/Executive Hearing within that 15-day window will obtain a stay on the suspension. The DMV will generally set the administrative hearing out a few months.

The purpose of the Admin Per Se Law is to provide an immediate penalty for DUI offenders. This is punishment regardless of whether they are ultimately found guilty in court. The Admin Per Se Law also serves as a deterrent against DUIs as driver's face an immediate (or fairly immediate) ramification in an automatic driver's license suspension.

IMPLIED CONSENT
As stated above, Implied Consent is the concept that all Arizona drivers have implicitly given their consent to chemical testing of their blood, breath, or urine if the person is suspected of DUI. Again, it is an agreement a driver makes with the State that the driver will submit to chemical testing if pulled over for DUI. A police officer having reasonable suspicion a driver is under the influence can request the driver submit to one or more chemical tests. The arresting officer chooses which test, or tests, will be administered. The reason for this is that the arresting officer is in the best position to determine if one or more tests is required.

It is important to note that refusal to submit to the chemical test will result in a one-year suspension of driving privileges. This is true even if the person is not ultimately convicted of DUI. It is not advisable to refuse to submit to the chemical test. First, a driver will lose their license for one-year. Second, the act of refusal is futile. Indeed, police will apply for and obtain a warrant for the driver's blood. And then argue at trial that the refusal was consciousness of guilt while revealing the blood alcohol content.

In this video, Tempe Arizona's Top Criminal Defense and Best DUI Attorney Jeremy L. Huss of Huss Law, PLLC discusses Arizona's Admin Per Se/Implied Consent Law.
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