You’ve been pulled over. The officer suspects you are driving under the influence. You are about to have to make some decisions—none of which have wholly positive outcomes for you.
First, you can decide whether you will submit to a breathalyzer test. You don’t have to. But if you refuse the test, your license can be suspended for up to one year.
So, in most cases, you are probably going to want to take the test. If you have, in fact, been driving under the influence, your license is suspended for 90 days.
That might seem unfair, but in Arizona driving is a privilege rather than a right. That means you can’t argue that your rights are being violated by the suspension; instead, you are simply being denied the privilege of driving.
The suspension of your license will generally begin 15 days after the traffic stop. Before that happens, you have one additional decision to make. Do you want to request a hearing to challenge the suspension?
The Pros and Cons of Requesting a Hearing
Your gut reaction may be that of course you want to request a hearing. But you should think it through carefully. You may decide that the 90-day suspension is the lesser of two evils.
That’s because if you request a hearing and lose, you may find that your car insurance company now requires you to get SR-22 insurance. SR-22 is high-risk insurance—which means it is much more expensive.
If you don’t request a hearing, you won’t have to take out high-risk insurance. For that reason, it may simply be better to accept the suspension.
Because the stakes are high if you request a hearing, you want to make sure you have an attorney by your side to make sure you have the best opportunity to prevail.
Talk the Situation Through With a Lawyer
If you are considering requesting a hearing to challenge the suspension of your license, you should seek the input of an attorney. Request a free consultation with a Griffen & Stevens attorney right away.