If you refused a test, or a second test, we must file a petition.

A Petition for Review in the Circuit Court of the county in which you were arrested must be filed within 30 days of the date you were served notice of the revocation. This is usually served at the time of arrest, and includes a temporary license.

Note that your license will be revoked 15 days after you were served notice of the revocation.

The sooner we file your Petition for Review, the better.

We will also file a Motion asking the Judge to Stay the revocation of your license until after your license hearing, so you can still drive while your hearing is pending. If a hearing was requested in tiem, an hearing will then take place in front of a Judge where witnesses can be called to testify and be examined. They can be the officers, expert witnesses, passengers, etc. There is no jury. This is a civil case, so the burden of proof in this hearing is not as stringent as what is required in criminal court- in other words, weaker evidence can be used to decide what will happen to your license than is needed to convict you of a criminal DWI charge. Once the evidence has been presented, the Judge will make her ruling.