Request DMV hearing if consented to the blood or breath test?
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You can request a hearing consented to blood and bread test.. Again, the scope of the hearing is whether or not the officer had “reasonable grounds” to believe you had a blood alcohol concentration of .08 or greater, or .04 or greater if you were operating a commercial vehicle. The scope of the hearing is limited, and the burden of proof on the State is very low- much lower than in the criminal realm. If the police officer shows up for the hearing, and has the toxicology report that verifies your blood alcohol concentration chemical test came back above a .08, you are almost certainly going to get the 90 day suspended license.
