Posted On June 10, 2013
To avoid a suspension of your driver’s license, you must schedule a hearing with the motor vehicle division (MVD) within 15 days of being charged with a DUI.
An MVD hearing is a civil matter. The hearing is scheduled before an administrative judge who determines whether your driver’s license should be suspended. However, the state must prove all administered tests were fair and accurate and that all of the following occurred:
- The arresting officer had reason to suspect you of driving while intoxicated.
- You expressed your right to refuse all SFST’s and BAC tests.
- You were informed of the potential consequences of refusing all such tests.
- You were arrested for DUI.
If the state does prove that all of the elements of the arrest occurred, your driver’s license may be suspended for 90 days for the DUI and one year for violating implied consent. You should be aware that by refusing the sobriety tests, you do run the risk of a stiffer penalty.