Refusal: What happens when you refuse "to blow"

If you have a driver’s license, you have given your implied consent to a chemical test of your blood, breath or urine for the purpose of estimating alcohol concentration upon the request of a peace officer.  If you refuse a lawful request for a breath or blood test (urine is rarely tested), and you have your license with you, it will be seized and forwarded to the Department of Motor Vehicles, along with an Implied Consent Refusal Certification form.  This form  documents  that you refused one or more of the requested tests.  You will receive a copy of this form, which may or may not indicate that it is also your Temporary Driver’s License.

By the way, the fact that you don’t have your license at the time does not prevent the officer from submitting the form and DMV from taking action (changed order and some wording)

If issued, the Temporary Driver’s License is valid beginning 12 hours after it was issued, and for the following five days. It expires at midnight on the fifth day.  You must carry this Temporary Driver’s License with you.  

When the DMV receives the consent refusal certification, it will suspend your driver’s license – 6 months for a first refusal within 5 years and 1 year for a second refusal within 5 years.  You cannot be given a restricted license during this period.

You may challenge the suspension of the license by filing a petition within 30 days of notice, with the District Court in the county where you were arrested.   Depending upon the practice in that jurisdiction, the petition must be served on the County or City Attorney.  Ask the Court Clerk’s office or call the prosecuting attorney’s office for the DUI charge.  

At the hearing the Court will determine:

whether the peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs or a combination, (the person is under 21 years of age) and the person was placed under arrest for violation of 61-8-401 (61-8-410); whether the officer had probable cause to believe the person was driving or in actual physical control of a vehicle; and whether the person refused to submit to one or more requested tests.

When the petition is filed, the petitioner may request that the action of suspension be stayed or returned to the petitioner until the matter has been decided at the hearing. This doesn’t happen automatically. The judge only issues an order upon request of the petitioner.