OUI refusal, BMV hearings and continuances — new law

If you are arrested for operating under the influence and refuse to submit to a chemical test the Secretary of State will immediately suspended your license pending a BMV hearing.  When a BMV hearing is continued by someone other than the suspect for a reason not attributable to the suspect the amended law will stay the license suspension pending the hearing.  This means you can drive pending the final hearing if you are not the cause of the continuance. In the past when you refused a chemical test to determine your breath or blood alcohol level your license would remain suspended pending hearing even if you were not responsible for the hearing being continued.  This amendment provides you greater Due Process protection.

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