Should the defendant request an informal hearing with the DHSMV, they will attend one that is conducted by an employee of the department. At an informal hearing, there is no requirement for the arresting officer or any witnesses to attend; instead, it will consist solely of reviewing all of the documents that had been previously submitted to the department. The department’s decision regarding the suspension of the defendant’s license must be mailed to the address of record within 21 days of the expiration.

On the other hand, should the defendant request a formal hearing, it will still be held by a department employee; however, it will be much more thorough. During a formal hearing, there will be the opportunity to administer oaths, examine any witnesses, and hear any supporting testimony. Instead of keeping the focus solely on submitted documents, it will look much further. Following the completed of the formal hearing, the department is required to send notice within seven working days.

In both styles of hearings, it is important to understand that the scope will be much more limited than the criminal process. This is not a hearing where the guilt of the defendant will be called into question. Rather, it will be there to deal with issues pertaining to the events surrounding the arrest. For example, the hearing will look into whether or not the arresting officer had probable cause to perform the arrest. It will also look into whether or not the subject was indeed driving with a BAC over 0.08 percent, whether they refused a BAC test, and whether they were informed of the consequences of the refusal.