If you are arrested for drunk driving the police officer will confiscate your drivers license and provide you a temporary permit. The officer will then send the state a report consisting of your license and an affidavit they’ve written of the facts surrounding your arrest.
If you want to fight the revocation of your drivers license, you must request a hearing within 7 days of receiving the notice. If you fail to request a hearing in that time it is waived officer’s affidavit becomes final.
At the hearing, you have the right to subpoena the officer to testify. This can be an excellent opportunity to “preview” what the officer will testify to at trial.
The judge at the hearing considers law enforcement officer’s testimony, reports written by the officer, affidavits of other persons, and any other relevant documents needed to aid in the decision. Facts determined at hearing are independent of a court where the underlying criminal charge arise.
The standard of proof is preponderance of evidence.
Adverse decisions may be appealed within 30 days to a district court. If you are later acquitted of the charge, your license will immediately be reinstated.