Sunday, October 6

Admin per se: what it is and why it applies in cases of driving under the influence of drugs or alcohol


El Admin per se se aplica en casos donde el conductor ha cometido un delito de DUI o DWI.
The Admin per se applies in cases where the driver has committed a DUI or DWI offense.

Photo: freestocks-photos / Pixabay

The Admin per se is a strategy to combat driving under the influence of drugs or alcohol in the United States . These are administrative laws that apply in these cases and that lead to a series of consequences in addition to those normally received by a driver for operating a vehicle under these conditions. These administrative laws give the authorities the power to arrest any suspect of committing this crime with the intention of carrying out, among other things, blood alcohol concentration tests. The same laws also grant them the power to suspend or revoke privileges when they deem it necessary.

In that sense, the Admin per se can be considered as a suspension or revocation of administrative license and although it exists in many states, it is executed in different ways depending on the laws. According to DMV.org , the most common situations in which authorities apply The Admin per se are the following:

1. When suspects refuse to submit to breath, urine or blood tests to determine blood alcohol level (BAC).

2. When the person gives a result that exceeds the limit of alcohol concentration in the blood.

In either of these two situations, the authorities may make the decision to retain the license and issue a suspension or revocation of the same, assigning responsibility to the offending Department of Motor Vehicles (DMV) corresponding, forcing the driver to do everything necessary before their offices to regain their privileges. However, to these administrative sanctions applied by the authorities will be added those generated in the corresponding traffic court, once the case is discussed in that context. This is because, in many places in the United States, the criminal penalties are separate from the administrative penalties imposed by the authorities when stopping the driver who commits this crime. Criminal penalties can be represented by fines, suspension time of privileges, purchase of a insurance for high risk drivers , prison time or completion of a driver education program .

In these cases, it is best to hire a lawyer specialized in DUI and DWI to handle the possibility of appealing the sanctions to the traffic court . The attorneys dedicated to this issue have all the experience necessary to determine whether it is worth appealing or accepting the corresponding conviction.

You can also interest: DUI and DWI: what these acronyms mean and why they can harm a driver’s record in the United States