Regardless of whether you are partaking in a formal or an informal hearing,
the DHSMV hearing will not discuss the question of your criminal guilt.
Instead, it will deal with the arrest process. This will include whether
or not the officer had reason to believe you were under the influence
of alcohol and therefore probably cause for the traffic stop.
They will also ask the following questions:
- Did the subject operate a motor vehicle with a BAC of 0.08 percent or higher?
- Did the subject refuse to partake in the blood, breath or urine test after arrest?
- Was the subject told that if they refuse, they would have their license
It is important to remember that even if the DHSMV does not decide to suspend
your license, you may still losing driving privileges due to criminal
penalties. The two are independent ordeals and do not depend on the findings
of one another.