Refusal to Take a Breath Test and the DMV Refusal Hearing
If you refuse to take the Breathalyzer/Datamaster test at the police station, you will almost immediately be taken in front of a judge to be arraigned on the charges and have your license taken away. You will not be eligible for any driving privileges during this time. The judge will also schedule a refusal hearing that will take place at your regional Department of Motor Vehicles in front of an Administrative Law Judge.
At the DMV Refusal Hearing, the arresting officer testifies and must demonstrate that they had reasonable grounds to believe that you were operating a motor vehicle in violation of the DWI statute; they made a lawful arrest; they read the DMV DWI Refusal Warnings, and the defendant refused to submit to either a breath or blood test. If the officer fails to demonstrate any one of those things, you will most likely win your refusal hearing and get your license back. If you lose the hearing, your license will be revoked for a one year period from the date of your refusal hearing.