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When arrested, a driver may refuse to take the test, but upon refusal the arresting officer will seize the driver’s license. The officer may issue a temporary driving permit good for 30 days, giving the driver an opportunity to request a hearing through the Court. A written request for a refusal hearing must be made within 7 calendar days. If the Court upholds the officer's findings, the license will be suspended for 1 year for refusing to take the evidentiary test if it is a first offense. This penalty is in addition to any penalty the driver may receive in court for an alcohol or drug-related conviction. A second refusal within ten years will result in a 2-year suspension. These suspensions do not provide for restricted privileges of any kind. In addition, the driver is subject to a civil penalty of $250.00 for refusing to take the test.
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