If you have submitted your request for a hearing and the required fee within 20 days of your arrest, the DOL will schedule an administrative hearing where you can contest the suspension of your license. The hearing is typically a telephonic hearing in front of an Administrative Hearing Officer. You will have the right to present evidence and to subpoena and question witnesses, including the Arresting Officer. You have the right to be represented by an attorney at this hearing and it is crucial that you hire defense counsel right away to present your defense. Contact Garza Defense PLLC for a free consultation.


The issues the hearing officer will consider include:


1) Did the officer have reasonable ground to believe the you were driving under the influence?

2) Were you placed under arrest?

3) Did you refuse a lawfully requested breath/blood test?

4) Were you informed of your right to refuse?

5) Were the required test procedures adhered to when administering the breath test?

6) Did you expressly consent to the breath/blood test?

7) What did the tests indicate about whether your BAC was at or above .08?


If you are successful in challenging the suspension/revocation of your license then no suspension will occur. However, success at the DOL administrative hearing will have no effect on the criminal proceeding that will be initiated in District or Superior Court. If you are not successful in challenging the suspension/revocation of your driver’s license then the suspension will begin 60 days after you receive notice from the DOL of the outcome of your hearing.