What can Happen at an MVD Hearing
If the officer fails to appear at the hearing or fails to meet the burden of proof at the hearing, the proposed suspension will be voided and the driver's privileges will be returned.
However, this does not mean his/her driving privileges are immune from suspension.
A conviction in the criminal portion of the drinking and driving charge will result in a suspension for the ninety (90) day period that would have been ordered had the state met its burden at the MVD hearing.
The major difference is that a suspension that results from a criminal conviction will ultimately require the driver to obtain SR-22 insurance, which is usually more expensive, in order to have his/her driving privilege reinstated while a suspension which stems from a MVD hearing will not create this situation.
If the officer does meet its burden of proof at the hearing, the driver’s privileges will be suspended.
However, a driver maybe eligible for a 60-day restricted permit, following an initial 30-day suspension.
In addition, the driver has the right to petition Superior Court for a review if the driver believes that the officer has not met the burden of proof.