A refusal hearing is governed by state laws, which vary by state. It is generally a DMV administrative civil hearing to that determine “substantial evidence” exists that a motorist refused to submit to a chemical test, under penalty of revocation.
Also, a criminal court may also conduct a refusal hearing to determine whether evidence of the defendant’s refusal to take the chemical test is admissible at trial, at which People have burden by a “preponderance of the evidence” to establish sufficient warning and the defendant “persisted” in refusal. Refusal may be established by words or conduct.
