No, the judge will not take your license at your first court date. You are entitled to a hearing where the court would have to find two main requirements: (1) the officer had probable cause authorizing the officer to legally request a blood or breath sample; and (2) the officer properly advised you of the consequences of failing to comply by agreeing to provide a sample. The advisement of the consequences of refusing a chemical test does not have to be specific. This means the officer does not have to specify the length of time for a license suspension but only the general advisement that the motorist’s license will be suspended for failure to provide a chemical sample.
As such, the implied consent charge will not be addressed at your first court date. You also do not have a right to a jury trial on an implied consent charge; although you may have the implied consent charge tried by a jury under limited circumstances.
Preliminary Hearings: Instead, the implied consent charge will be addressed at a preliminary hearing if you have a preliminary hearing. Many times, the implied consent charge will be handled jointly with the DUI during plea negotiations. In fact, in most cases where the State offers to reduce a DUI to a reckless driving, reckless endangerment or another lesser charge from a DUI, the State may dismiss the implied consent charge resulting in no loss of license.