Upon DUI arrest, if your blood alcohol level is above the States prohibited alcohol level , or your refuse to take a breath, blood or urine test, DMV will suspend your license. Where DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence. A person must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearing is held before a Driver Safety Hearing Officer of the department.
At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.