The First Decision You Need to Make After A DUI Arrest
- August 1st, 2019
- Bruce Denson
- Comments Off on The First Decision You Need to Make After A DUI Arrest
The first (and perhaps most important) decision you need to make after being arrested for DUI is whether to request an Administrative Review Hearing. The mechanics of this procedure are on the back of your ticket in very small print. Let me translate those into English and explain your options.
When you are arrested for DUI police take your license and you are given a ticket. That ticket is a notice of the administrative suspension and it starts immediately after your arrest. However, the ticket acts as your driver’s license for 10 days, so you have a small window to make this important decision.
If this is your first DUI here is the decision you need to make
Should you waive the right to a Formal Review Hearing or should you request a Formal Review Hearing and fight the suspension?
The benefit of waiving the hearing is that you will avoid a 30 or 90 day “hard time” suspension of your license. (If you blew over the legal limit you are facing a potential 30-day suspension. If you refused the breath test you are facing a potential 90-day suspension).
However, by waiving the hearing you are going to have this suspension on your driving record permanently. Perhaps more importantly, you will miss the opportunities that come with requesting a hearing.
The benefits of requesting a Formal Review Hearing are many-
- The suspension may be invalidated and removed from your driving record
- It gives your attorney an early look at the evidence against you
- We get to subpoena and cross-examine the witnesses against you
- We can develop evidence that can be used in the criminal case to your advantage
The downside of requesting a hearing is, if we are not successful in challenging the suspension, you are going to suffer the hard time suspension mentioned above.
You should consult with an attorney to determine which option is best for you. This may be the most important decision you make in defending your case and should not be made without a full understanding of your options and the ramifications of your decision.
Contact us today to schedule a free, confidential consultation or call us at (727) 895-4162.