What You Need to Know
If you’re arrested for DUI in Arizona, the legal process begins long before you step into a courtroom. Two critical laws—Admin Per Se and Implied Consent—can trigger immediate license suspension, even before you’re convicted. These administrative penalties are separate from criminal charges, but they can have a major impact on your driving privileges and daily life.
Whether you’re in Scottsdale, Lake Havasu, or anywhere in Arizona, understanding how these laws work is essential—and so is contacting a DUI defense attorney right away.
What Is an Admin Per Se Suspension?
Under Arizona Revised Statutes §28-1385, the Admin Per Se law allows the Motor Vehicle Division (MVD) to automatically suspend your license if your blood alcohol concentration (BAC) is 0.08% or higher, or 0.04% for commercial drivers. This happens even if you haven’t been convicted yet.
Key Points:
- The suspension is 90 days for a first offense.
- The arresting officer will issue a pink form—your Admin Per Se Affidavit—which acts as a temporary driving permit for 30 days.
- You have the right to request a hearing with the MVD within those 30 days to challenge the suspension.
If no hearing is requested, the suspension takes effect automatically after the 30-day period. Many drivers are caught off guard by how quickly this happens.
What Is an Implied Consent Suspension?
The Implied Consent law, under ARS §28-1321, applies when a driver refuses to submit to a breath, blood, or urine test after a DUI arrest. By driving in Arizona, you’ve already given “implied consent” to chemical testing.
What Happens If You Refuse Testing?
- Your license is automatically suspended for 12 months, even if you’re later found not guilty.
- A second refusal within 84 months increases the suspension to 24 months.
- Like the Admin Per Se process, you have 30 days to request a hearing to contest the suspension.
Refusing a test may seem like a way to avoid a DUI charge, but in Arizona, it can make the administrative penalties more severe.
Can You Still Drive After a DUI Suspension?
In many cases, yes. Arizona allows eligible drivers to apply for a restricted permit after serving part of their suspension—usually 30 days. This permit may allow you to drive to work, school, or treatment programs.
You may also be required to install an ignition interlock device (IID), even for a first offense.
Why You Need a DUI Defense Lawyer—Fast
Admin Per Se and Implied Consent suspensions are time sensitive. If you don’t act within 15 days of arrest, you may lose your right to fight the suspension. And once your license is gone, getting it back can be a long and expensive process.
At Rideout Law Group, our DUI attorneys in Scottsdale and Lake Havasu are well-versed in Arizona’s administrative and criminal DUI procedures. We can:
- Request and represent you at your MVD hearing
- Challenge the legality of the traffic stop and chemical testing
- Fight for a reduced penalty or dismissal in criminal court
Contact Rideout Law for Immediate Help
If your license has been suspended or you’re facing DUI charges in Arizona, don’t delay. Our legal team can step in quickly to protect your rights and help restore your driving privileges.
📍 Scottsdale Office: 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
📍 Lake Havasu Office: 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406
📞 Call Today: (833) 854-8181
📲 Schedule Your Free DUI Consultation
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.