When a person is charged with a DUI in Arizona, it is common for the police to serve an Admin Per Se/Implied Consent Affidavit to the driver. The service of this Affidavit can affect the person’s eligibility to operate a motor vehicle and is separate from any Court proceedings that may arise as a result of the DUI charges filed against the driver.
There are two types of suspensions – an Admin Per Se suspension and an Implied Consent suspension. An Admin Per Se suspension is served on a driver that consents to blood/breath testing and results in a 90-day suspension of driving privileges. The Implied Consent suspension is for a period of 1 year and results from a driver’s refusal to submit to blood/breath testing. (Law enforcement may acquire a warrant in order to obtain a breath/blood sample after refusal.)
Prior to 2023, a driver had two options after being served with an Admin Per Se/Implied Consent Affidavit – allow the suspension to take place or request a hearing with the Arizona Department of Transportation to contest the suspension. If the suspension went into effect or was upheld by ADOT at the hearing, eligible drivers served with an Admin Per Se Affidavit could obtain a restricted license after the initial 30 days of their suspension and completion of alcohol screening with an approved provider. Similarly, drivers served with an Implied Consent Affidavit could also obtain a restricted license with completion alcohol screening with an approved provider, but only after the first 90 days of their suspension had elapsed.
In addition to these options, a driver may now apply to the MVD for a Special Ignition Interlock Restricted Driver License (“SIIRDL”). The SIIRDL is not available to any driver who caused death or serious injury, or a driver that has a prior DUI conviction within 84 months. Castillo Law recommends checking with the Motor Vehicle Division directly to confirm eligibility prior to installing an ignition interlock.
If a driver is eligible, on or after the first day of the suspension, the driver can apply for the SIIRDL with proof of installation of a certified ignition interlock device and proof of completion of an alcohol screening completed by an approved provider. Castillo Law suggests a driver obtain copies of both of these documents from the providers to retain for their own records, however, the MVD will require the proof come directly from the providers. As such, a driver may want to wait a few business days to allow for the transmission of these documents before going to the MVD to apply for their SIIRDL. Once a SIIRDL is granted to the driver, the motorist can drive without restriction. The time in which the ignition interlock is installed will also be applied towards the ignition interlock requirement that may arise following a DUI conviction.
Understanding the potential driving restrictions as a result of any DUI arrest, including those made under ARS 28-1381(a)(1), ARS 28-1381(a)(2), 28-1381(a)(3), 28-1382(a)(1), 28-1382(a)(2), and 28-1383(A)(3), is crucial for individuals navigating their cases in Arizona. Every situation is different, and it is best to contact an experienced attorney to help minimize the impact your DUI arrest has on your ability to drive in Arizona.
Castillo Law can be contacted for a free consultation at 602-795-6701 or 480-206-5204.