Drivers who are stopped for DUI (driving under the influence) and refuse to take a breath, blood or urine test may have their license suspended under state law. Drivers who refuse or fail the chemical test will have their license immediately suspended. Drivers who wish to appeal their license suspension can petition for judicial review and request a suspension hearing. In most states the petition for judicial review must be made within 30 days from the date the police officer gives the driver the suspension notice.
Under the judicial review the court will evaluate if the driver was lawfully arrested for DUI, if there were reasonable grounds to make the stop and request the chemical test, if the driver had physical control of the vehicle, if the police officer warned the driver that their license could be suspended for failing or refusing to perform the test, if the driver refused the chemical test, and if the driver's driving was impaired or their BAC (blood alcohol concentration) was higher than the illegal limit of 0.08%.
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