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Admin per se Suspension and the 15 day Rule

Posted by Virginia L. Crews | Nov 08, 2017 | 0 Comments

Admin per se Suspension and the 15 day Rule

You may suffer a driver's license suspension even if you are never convicted of a crime. If you are arrested for suspicion of driving a vehicle while under the influence of alcohol or drugs (DUI), the arresting officer will serve you with an Admin per se form notifying you that your privilege to drive in the State of Arizona will be suspended for 90 days (1 year if you refuse to consent to breath or blood testing). The suspension will automatically begin 15 days after the date you are served with the affidavit, unless you request, in writing, a hearing before an Administrative Judge. An administrative hearing carries a different/lower burden of proof than a criminal trial proceedings.

Regardless of your licensing state, Arizona Motor Vehicle Department (MVD) will automatically impose the suspension unless you request a hearing within 15 days. Any suspension in Arizona will be shared with other states through the interstate compact program and will impact you in your licensing state as well. If you miss the 15 day deadline, you will have no recourse to fight the suspension.

Administrative Hearing

The Executive Hearing Office in Phoenix, Arizona conducts the hearings for the Arizona MVD.  All testimony at these hearings are taken under oath, the hearing is audio recorded, and the decision is final subject to rehearing or appeal.  The Administrative Law Judges (ALJs) who preside over the hearings at the Executive Hearing Office are experienced attorneys licensed to practice law in the State of Arizona. 

At a hearing challenging DUI license suspension, the Officer must appear and provide evidence for the suspension to remain. Rural counties typically conduct the hearings with the parties either appearing at a local MVD location and connecting with the ALJ via videoconference or telephonically at the assigned hearing time.

The ALJ will often issue a verbal finding at the conclusion of the hearing and will issue a written Decision and Order within ten days of the hearing that includes Findings of Fact, Conclusions of Law, and a Decision. If the suspension is upheld, the ALJ will set a start date for the suspension as well.

Seek the Advice of Experienced Counsel

If you have been arrested for DUI in Arizona, contact the experienced legal team at the Law Offices of Shawn B. Hamp today to review your matter. It is important to preserve your right to a hearing to challenge the suspension as well as to preserve your driving privileges while the hearing is pending. Together, Attorneys Shawn B. Hamp and Virginia L. Crews have decades of experience defending clients in DUI cases. Our entire office, including our newest Associate Attorney, Troy Anderson, have the legal knowledge and drive to protect your rights through every stage of the process.

About the Author

Virginia L. Crews

Criminal attorney Virginia L. Crews has also practiced law for over a decade. An experienced trial attorney and Justice of the Peace pro tem, Ms. Crews has participated in an extensive variety of criminal trials, civil trials and appellate oral arguments. Additionally, given her educational backg...

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If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

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