If you refuse to provide
a chemical test of your breath, blood or urine, the officer should provide you with a document entitled Notice of Intent
to Revoke Operating Privileges (Notice hereinafter). This document is very important. So
often, clients do not read this form. The Notice advises the arrestee that he has 10 days from the notice
date on the form to demand a refusal hearing. If a hearing is not demanded within that 10 day period, the
arrestee’s drivers license will be revoked for either 1, 2, or 3 years (depending on the number of prior violations).
That revocation takes place 30 days after the notice date on the Notice of Intent to Revoke.
To demand the hearing, the arrestee must file a WRITTEN request for a refusal hearing. Failure to file
a written request within the 10 day period will be fatal to further litigating the refusal allegation. If
you are alleged to have refused to take a chemical test of your blood, breath or urine, your best bet is to contact an attorney