ARS § 28-1385 The Admin Per Se Affidavit may be issued when:
- The results BAC have not been received
- An individual submits to a blood or breath alcohol test as permitted by law, and/or the results indicate any of the following:
- Alcohol concentration in the person’s blood or breath of 0.08 or more
- Alcohol concentration in the person’s blood or breath of 0.04 or more, when the person was driving or in actual physical control of a commercial motor vehicle.
- Any drug defined in A.R.S. section §13-3401 or its metabolite is in the person’s body except if the person possesses a valid prescription for the drug.
ARS § 28-1321 An Implied Consent Affidavit, is served when a person refuses or is unable to consent to a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content. At any time, when a driver refuses to submit or is unable to submit, a warrant can be obtained from a judge in order to obtain blood for testing. At that time the person may be additionally cited for DUI.
An Admin Per Se/Implied Consent Affidavit, is served when a person refuses or is unable to consent to a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content. At any time, when a driver refuses to submit or is unable to submit, a warrant can be obtained from a judge in order to obtain blood for testing. At that time the person may be additionally cited for DUI. In cases when a person is deceased, unconscious, or otherwise in a condition where the individual is incapable of refusal, the individual is not considered to have refused or withdrawn their consent.
MVD Actions
Admin Per Se Suspension
- Starts 15 days from the date served on the Affidavit
- 90 day suspension
- Drug/Alcohol Screening
- Reinstatement fees
- Upon conviction of DUI, the individual may have to have an interlock
Implied Consent Suspension
- Starts 15 days from the date served on the Affidavit
- 1 year suspension
- Drug/Alcohol Screening
- Reinstatement fees
- Upon conviction of DUI, the individual may have to have an interlock
* Admin Per Se/Implied Consent Affidavit Arizona Department of Transportation, Motor Vehicle Division
