You only have 10 days from the date of the arrest to request a Formal Review Hearing. A Formal Review Hearing is an administrative hearing with the Department of Motor Vehicles (DMV) to determine if the suspension of your license should be upheld due to a Driving Under the Influence (DUI) refusal or if you “blow” over 0.08.
Refusal to submit to a breathalyzer test carries a one-year suspension on first time refusals and an 18-month suspension for any subsequent refusals. If you blow a 0.08 or greater, you will receive an automatic six-month suspension.
However, if you win your Formal Review Hearing you will get your Driver’s License back.
By simply requesting a hearing you will receive a temporary permit until after the Formal Review Hearing is conducted so you can continue to drive for work, school and, doctors, etc. If you have a prior refusal, then your second refusal becomes a criminal offense.
You can be charged and convicted of DUI even if no alcohol was found in your system. If you are under the influence of a controlled substance (even one prescribed by your doctor), you can still be charged with a DUI. This includes medications and other forms of drugs, both legal and illegal.
There are two separate organizations you have to deal with after a DUI. The Department of Highway Safety and Motor Vehicles is the organization responsible for the suspension of your Driver’s License. The State Attorney’s Office/Court System is responsible for prosecution of criminal charges on the DUI.