If you refused the test or if you submitted to a breath test with a result at or above the limits stated above, you should have been served with a notice of revocation. This notice gives you 7 days to request a hearing. You can request a hearing at most DMV offices by simply walking in with the notice of revocation and your driver’s license. They will take your driver’s license if the cop has not already done so and issue you a temporary permit that is valid for up to 60 days or until you have your DMV hearing (which is usually at least a month after your request).


If you chose a blood test you will be notified by mail if your test was at or in excess of the limit. If you receive such a notice look carefully at the notice as it will indicate how long you have to request your hearing.


You will also have to determine if you want to have the officer show up at the DMV hearing. If the police officer is requested to show up and fails to do so your license will usually be returned and the DMV case will be dismissed. There are times and situations where it is more advantageous to not have the police officer show at the DMV. Perhaps crucial information is missing from his report and his showing up will only allow him to rectify the situation. We recommend that you contact our attorneys immediately after you have been charged and prior to requesting a DMV hearing even in the case of blood tests where results are not immediately available.