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Advantages of Agreeing to the Suspension
Agreeing to the suspension will entitle you to a 60 day restricted driving permit following a 30 day suspension. The suspension is still classified as a 90 day suspension. To obtain the restricted driving permit, you must apply at a local MVD office following the first 30 days of the suspension.
Agreeing to the suspension will generally resolve the civil proceeding sooner and oftentimes well before the resolution of your Criminal matter in court. This is advantageous as you get the suspension over with sooner and under less onerous circumstances.
Agreeing to the suspension will generally result in no further suspension of your driver license if you later plead or are found guilty of your DUI in court.
In the case of a stipulated suspension from MVD, there will be no requirement that you post proof of Financial Responsibility before your Arizona driver license or privilege is reinstated.
Agreeing to the suspension will allow you to select the day you want your suspension to begin, so long as the suspension start date is within 45 days of your MVD hearing date. This allows flexibility in arranging transportation to work or school during the initial 30 days of the suspension. NOTE: If you request a hearing and actually go through with it and lose, the only difference is that your will not be able to choose the day the suspension begins. You should still be eligible for the 30 day driver license suspension followed by the 60 day restricted driving permit.
Disadvantages of Agreeing to the Suspension
If you agree to the suspension, you do not get a hearing with the administrative law judge. You do not get to challenge the police officers or contest the evidence in the civil hearing. Sometimes this hearing may be important to gather critical evidence in your DUI case. However, this decision should not be made without first discussing your DUI case and individual circumstances with an experienced DUI defense attorney.
Disadvantages of Having the Administrative Hearing
If you have the Administrative Hearing and win, and later lose your DUI case, either through a plea or finding of guilty at trial, MVD will suspend your driver license for 90 consecutive days. There is no eligibility for a restricted driving permit following the first 30 days of the suspension.
Further, if you are convicted either through a plea or finding of guilty in court you will be required to provide proof of financial responsibility (insurance) for three years by filing with the State of Arizona either a $40,000 cash deposit, or Certificates of Deposit (CD's) totaling $40,000 or a Certificate of Insurance (SR22). This Financial Responsibility requirement could have significant cost implications for you, depending upon your selection of acceptable Financial Responsibility filings and/or your insurance carrier's underwriting requirements.
Final Thoughts
Prior to or during the MVD hearing, you may ask the administrative law judge any questions that you may have concerning these suspensions and their effects, but remember that the Judge cannot give you legal advice as to what you should do. The administrative law judge works for the State of Arizona, and is not necessarily there to help you. In all instances, it is important to understand your legal rights. Only a qualified and experienced DUI defense attorney can explain these rights to you.
David Alan Darby, Esq., a Tucson, Arizona DUI Defense Attorney, is a former municipal judge in the City of South Tucson and handles DUI cases and other criminal cases anywhere in the State of Arizona. Please contact Arizona DUI Defense Attorney David Alan Darby at his web site or call 1-888-620-0001.
Disclaimer: The legal specifics of DUI procedures and consequences mentioned herein are subject to change without notice.
