If you or your attorney request a hearing, the suspension is stayed and you are considered to have a valid license at least until the day of the hearing.
The hearing will usually take place in the county in which you reside unless the officer requests otherwise.
If you refused to successfully complete a test of your breath, blood, urine or other bodily substance and a hearing is requested, then the State must prove that the officer had reasonable grounds to believe that you were driving a vehicle while under the influence; that you were placed under arrest; that you were informed of the consequences of refusal; and that you refused to submit to the test(s).
At a hearing on a non-refusal case, the State must prove that the officer had reasonable grounds to believe you were driving while under the influence; that you were placed under arrest; that a valid and reliable test was completed and it indicated a result of .08 or more for a non-commercial license, or .04 or more for a commercial license while driving a commercial vehicle; and that the result was accurately evaluated.
If a suspension is ordered, you have the right to review.
A non-refusal case requires a motion for rehearing to be filed with the Motor Vehicle Division and must be ruled upon before a petition for review may be filed with Superior Court. In a refusal case, a motion for rehearing is not required before a petition for review is filed in Superior Court.
A petition for review must be filed within thirty days of the Motor Vehicle Division's final order of suspension and will be heard on an expedited basis.
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