At a department of motor vehicles refusal hearing a judge will hear testimony from the arresting officer regarding your arrest. You may also testify, although you are not required to. This is a decision you should make with your DWI Lawyer. At a refusal hearing, the judge must consider the following:

  1. Did the police have reasonable grounds to believe that you were driving while under the influence of alcohol?
  2. Did the police make a lawful arrest?
  3. Were you given clear and sufficient warning that your refusal to submit to a chemical test would result in the immediate suspension and subsequent revocation of your license?
  4. Did you refuse to take the test?

If the Judge answers yes to all these questions, your license will be revoked for a minimum of 1 year and you will also be required to pay a DMV penalty of at least $500. If the judge answers “no” to any of these questions, your license will be returned.