Appeal process for administrative license suspension (ALS)

The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

1. Was the arrest based on reasonable grounds?

2. Did the officer request the person to take a test?

3. Was the violator made aware of the consequences if he/she refused or failed the test?

4. Did the person refuse or fail the test

Note: A court may still issue a suspension even if 1 through 4 is proven by defendant if court finds the person is a threat to public safety.

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