At the Hearing, the police officer must prove that:

• He had probable cause to stop you. This means that the officer had a legal and justifiable reason to pull you over, such as committing a civil infraction like speeding or running a red light. Probable cause is more than just a hunch, like seeing you pull out of a bar parking lot.

• He read you your Chemical Test Rights. (Click here) to see them. These rights tell you that you’ve been arrested for a drunk driving charge and that you’re required to take a chemical test even if you took a preliminary breath test. Your refusal to do so will cause your license to be suspended for one year.

• He had probable cause to arrest you. This means that the officer had a legal and justifiable basis to believe that you were drunk or over a .08 breath alcohol content while driving.

• Your refusal was not reasonable. An example of a reasonable refusal would be if you suffered from severe asthma and could not reasonably provide a breath sample. Or if you were unconscious from an accident and not able to consent to a blood or breath test. Extreme Intoxication, even to the point of severe disorientation, would never qualify as a "reasonable refusal."

You have nothing to lose and everything to gain by requesting a Hearing.

• You automatically win the Hearing if the officer doesn’t show up within 20 minutes of the scheduled Hearing time.

• At the Hearing, sometimes the officer will agree to voluntarily withdraw his claim that you refused, if you can give him a legitimate and compelling reason why he should.

• At times, police officers will agree to withdraw their claim that you refused in return for a negotiated plea agreement in the underlying OWI case.

• At the Hearing, even if the officer won’t withdraw his claim that you refused, you can request that the suspension not take place until a period of time (typically four weeks), which will give you an opportunity to petition the Circuit Court for a restricted drivers license. This is called a Hardship Appeal.