Procedures specific to Express Consent cases

If you refused to provide a chemical sample, or if you took a breath test with a result of .08 or greater (or .02 or greater for a minor), the officer will serve you with an Express Consent Affidavit and Notice of Revocation after all paperwork has been completed. This form says you have up to 7 days after your arrest to request a hearing, if you choose to do so. If you do not request a hearing, the revocation will automatically go into effect on the 8th day. If you provided a blood sample and if the BAC is 0.08 or greater, (or .02 or greater for a minor), the DMV will mail you a notice giving you 10 days from the date of their letter to request a hearing. Again, if you do not request a hearing within the timeframes listed above, the revocation will automatically go into effect.