In Arizona, requesting an Admin Per Se (“APS”) hearing is an administrative procedure, which allows a driver charged with Driving Under the Influence (“DUI”) to challenge the suspension or revocation of their driver’s license.
Below are some potential pros and cons of requesting an APS hearing.
PROS:
- If you request an APS hearing, you have the opportunity to challenge the suspension or revocation of your driver’s license. If you are successful, your license may be reinstated.
- The APS hearing provides an opportunity to gather evidence that may be useful in defending yourself in court. For example, witnesses can be subpoenaed to testify, and you can cross-examine the arresting officer.
- By requesting an APS hearing, you can delay the suspension or revocation of your driver’s license. This can give you more time to prepare for the license suspension and/or to explore other options.
CONS:
- If you request an APS hearing and lose, your driver’s license will be suspended or revoked. This can be particularly concerning if you rely on your license to get to work or school. In addition, if you lose the hearing, there is a possibility your insurance may ask for you to obtain an SR22 (high-risk insurance).
- Attorneys are expensive, and having attorney representation at an MVD hearing is no exception.
- Not all evidence presented at an MVD hearing will be admissible in criminal court proceedings. The administrative law judge will limit the scope and purpose of any cross-examination conducted against State witnesses.
The decision to request an APS hearing should be made after careful consideration of the potential benefits and drawbacks.
