Understanding the Admin Per Se Process
The Admin Per Se is a critical administrative process that runs parallel to your criminal DUI case. It is an action taken by the Motor Vehicle Division, not by the prosecutor.
What Is the Admin Per Se?
During your DUI arrest, the officer gives you a pink and yellow paper — this is your Admin Per Se document, which serves as your temporary license. It is crucial to understand what this means for your driving privileges.
The 30-Day Window
- 1.You can drive on this temporary license for 30 days
- 2.After 30 days, a 90-day suspension or restriction period begins
- 3.To become eligible for a 60-day restricted driving permit, you must complete your alcohol screening
Key Point: The Admin Per Se process is separate from your criminal case. You may be acquitted of criminal DUI charges, but the MVD can still suspend your license administratively. These are two independent legal proceedings with different standards and procedures.
The SIIRDL Option: A Strategic Advantage
The Special Ignition Interlock Restricted Driver License (SIIRDL) is one of the most important options available after a DUI arrest. Understanding how it works could significantly benefit your case.
Eligibility & Availability
- ✓Available for DUI arrests on or after January 1, 2023
- ✓Can be applied for during your 90-day suspension/restriction period
- ✓The application form is available at AZDOT.gov
How It Works: Time Credit Advantage
The SIIRDL allows you to install an ignition interlock device during your 90-day restriction period. Here is the strategic benefit:
- →Time with the interlock during this early period counts toward your interlock requirement if convicted
- →This means getting credit early — reducing the total interlock time you will need later
- →It demonstrates responsible behavior to the court during your case
⚠ CRITICAL WARNING — WAIVER OF RIGHTS
Installing an ignition interlock device or applying for a SIIRDL waives your right to an Admin Per Se hearing or summary review. This is a significant legal decision that could impact your case. You MUST consult with your DUI attorney before proceeding with this option to ensure it is strategically beneficial for your specific situation.
This waiver applies only to DUI arrests on or after 01/01/2023. Your attorney can evaluate whether the SIIRDL is the right choice based on the strength of the evidence and your potential defenses.
Interlock Violations to Avoid
Once you have an ignition interlock, strict compliance is required. Any of the following will result in violations or extensions:
- ✗Tampering with, removing, disabling, or circumventing the device
- ✗Starting the car without blowing into the unit
- ✗Blowing a positive BAC above the prescribed amount (0.08)
- ✗Missing a rolling retest while driving
DUI Classes & Treatment Levels
Arizona law requires different levels of education and treatment based on your specific circumstances and the results of your screening assessment. The level you are required to complete will be determined by a licensed professional during your screening.
Level II: Education (16 Hours)
When Required: First-time offenders with BAC under 0.15 and no other alcohol-related indicators
- →Duration: 16 hours total
- →Format: Classroom or online modules
- →Timeline: Must complete within 8 weeks from first class (per R9-20-108(C))
- →Typical Cost: Around $225
Level I: Treatment (20–56 Hours)
When Required: More serious indicators present (prior DUI, high BAC, substance abuse diagnosis)
- →Duration: 20 to 56 hours depending on assessment
- →Format: In-person or group sessions with licensed counselor
- →Timeline: Must complete in 3 to 12 months (per R9-20-208(B))
- →Focus: Stress management, coping skills, triggers, alternatives to substance use, responsibility, and self-esteem
The Assessment Process
A face-to-face interview with a behavioral health technician, counselor, LISAC, LPC, or other approved professional using diagnostic tools (per R9-20-108(D)) determines which level is appropriate. This assessment considers multiple factors beyond just your BAC level.
Important: Once you begin your assigned program, you must complete it consistently without prolonged breaks. Failure to complete education or treatment as ordered can result in additional court sanctions and delays with MVD.
When Level I Treatment Is Required
You will be assigned to Level I (intensive treatment) if any of the following primary indicators apply:
Primary Indicators
- ●Arrested or convicted two or more times for alcohol- or drug-related offenses
- ●BAC of 0.15 or higher at time of arrest, plus meeting additional criteria
- ●Cannot control alcohol or drug use, or shows signs of habitual abuse
- ●Professional diagnosis of substance abuse or organic brain disease
- ●Evidence of withdrawal symptoms from alcohol or drugs
Additional Indicators (Three or More Required)
If you meet a primary indicator and three or more of the following, Level I will be assigned:
- •BAC of 0.08 or higher at time of current arrest
- •Previously arrested or convicted once for an alcohol or drug offense
- •Decreased work or school productivity due to alcohol or drug use
- •Social, family, or peer issues related to substance use
- •Substance abuse indicated during the DUI screening
- •Previously participated in substance abuse education or treatment
- •Experienced blackouts or passed out due to substance use
- •Exhibited withdrawal symptoms or psychological dependence
- •Notable increase in consumption, changed tolerance, or personality changes
How a DUI Attorney Can Help
The requirements for screening, treatment, and the SIIRDL can be confusing and legally complex. A knowledgeable DUI defense attorney plays a critical role in navigating these requirements strategically while protecting your rights.
- →SIIRDL Strategy: We advise whether installing an interlock device is strategically beneficial, considering the strength of the evidence and your potential defenses
- →Screening Compliance: We ensure you understand exactly what is required, when deadlines are, and what information to provide
- →MVD Navigation: We help you understand the administrative MVD process separately from your criminal case
- →Timing & Deadlines: We coordinate the timing of screening, classes, and court requirements so nothing falls through the cracks
- →Rights Protection: Most importantly, we protect your rights throughout the administrative and criminal processes