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:
- Did the police have reasonable grounds to believe that you were driving while under the influence of alcohol?
- Did the police make a lawful arrest?
- 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?
- 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.