Administrative hearing

In Michigan, MCL 257.625f provides that if a person who refused a chemical test requests a hearing, the secretary of state holds it in the same manner and under the same conditions as a separate section of the same act provides. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses and grant a reasonable request for an adjournment, and must make a record of the hearing. The hearing covers only whether the peace officer had reasonable grounds to believe the person committed a crime described in a separate section, whether the person was arrested for such a crime, whether any refusal of the officer's test request was reasonable, and whether the person was advised of rights described in a separate section.

In Missouri, Mo. Rev. Stat. § 302.530 allows a person who has received a notice of suspension or revocation to request a review of the department's determination at a hearing. The hearing may be held by telephone or, if the person requests, at a regional location designated by the director, and it is conducted by examiners licensed to practice law in Missouri and employed by the department. The sole issue is whether, by a preponderance of the evidence, the person was driving a vehicle under circumstances set out in another section of Missouri law, and the burden of proof is on the state.

In Idaho, Idaho Code § 18-8002A allows a person served with a notice of suspension and notice of the requirement to install an ignition interlock system after submitting to an evidentiary test to request an administrative hearing on the suspension before a hearing officer designated by the department. The hearing may be held only on the suspension and not on the interlock requirement. The department may conduct all hearings by telephone if each participant has an opportunity to participate in the entire proceeding while it is taking place, and an extension of the hearing date granted by the hearing officer for good cause does not operate as a stay of the suspension.

In the District of Columbia, DC DMV's page on major moving violations says drivers who request a hearing in response to being served with a Notice of Proposed Revocation must request a show cause hearing for the alcohol-related offense, and that the request must be received within a period that differs for DC residents and non-DC residents. The page says the hearing examiner takes testimony from the arresting officer about the circumstances surrounding the charge and also from the driver, who may present witnesses, and then decides whether to take action against the driver's license or driving privileges, such as ordering a suspension or revocation.

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.