Implied Consent And Admin Per Se
What Does The Alcohol Screening Consist Of?
An alcohol screening is a counseling session or test that evaluates someone’s use of alcohol so they can be assigned treatment classes. This is done by a therapist or counselor who is certified by the Arizona Department of Transportation. Alcohol screening companies hire these counselors or therapists to administer the test. They ask questions about the case, about the person’s drinking history, their family history, how they felt about the case, etc., and then they score it. They assign a certain number of hours to be completed in terms of classesbased on the test results.
Does Implied Consent Mean Someone Actually Did Not Have A Legal Right To Refuse A Breath Test?
No. In Arizona, a person has the right to refuse a breath or blood test. But if someone with an Arizona driver’s license, or even someone who did not have a driver’s license,exercised their right to refuse to consent to those tests, the state is allowed to suspend the person’s driving privileges for up to one year.
Do People Take Implied Consent And Admin Per Se Lightly, And Are They Confused About It?
The vast majority of people are confused about implied consent and admin per se. Most people do not understand that admin per se suspensions and implied consent suspensions are separate from the criminal case itself. They are a civil sanction that is written under the law through the motor vehicle or ADOT division. The application that people fillout when they get a driver’s license in Arizonais actually a contract in which they agree ahead of time to future consequences. The officer can activate the contract that was signedif a person is arrested for a DUI.
For more information on Implied Consent And Admin Per Se, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.