Refusal

In Arkansas, A.C.A. § 5-65-205 provides that the Office of Driver Services "shall suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under this subchapter." The provision names the Office of Driver Services as the body that acts.

Arkansas's A.C.A. § 5-65-205 also addresses a person who is a resident and who violates the section but who does not have a license or permit to operate a motor vehicle. The office shall deny issuance of a license or permit to that person, in addition to any other penalty under the section.

In Michigan, MCL 257.625f provides that if a hearing is requested, the secretary of state shall hold the hearing. Among the issues the hearing covers, if the person refused to submit to the test upon the request of the officer, is "whether the refusal was reasonable." The provision lists the hearing issues and states that the hearing shall cover only those issues.

In Montana, Mont. Code Ann. § 61-8-1017 allows a person to file a petition to challenge a license suspension or revocation in the district court in the county where the arrest was made. The filing period runs from the time a peace officer gives notice of the right to a hearing. Upon the petitioner's request, the court may issue a stay of the suspension or revocation action pending the hearing.

Montana's Mont. Code Ann. § 61-8-1017 directs the court to decide the matter on no other issues than whether a peace officer had a basis for requesting a test or tests, and whether the person refused to submit to a test or tests designated by the peace officer. The section does not grant a right of appeal to a state court when a license is suspended or revoked under a tribal law or regulation that requires alcohol or drug testing of motor vehicle operators.

In New Jersey, N.J. Stat. § 39:4-50.4a provides that the municipal court determines, by a preponderance of the evidence, whether the arresting officer had probable cause to believe the person had been driving or was in actual physical control of a motor vehicle on the public highways or quasi-public areas of the state while under the influence of intoxicating liquor or a drug or cannabis item named in the statute. The court also determines whether the person was placed under arrest, if appropriate, and whether the person refused to submit to the test upon request of the officer.

New Jersey's N.J. Stat. § 39:4-50.4a states that if these elements of the violation are not established, no conviction shall issue.

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.