When one is arrested for DWI, the police officer should read a document called the “Statutory Warning” letting you know what will happen if you either refuse or fail a breath or blood test. Courts have determined that this choice belongs to the cop, and that no, you don’t have the right to have an attorney present. If you fail the breath test, your license will be suspended for 90 days beginning on the 40th day after your arrest. If you refuse the breath test, your license will likewise be suspended for 180 days beginning on the 40th day after you are served with the Statutory Warning. The cop will serve you notice of this suspension. For blood tests, the clock starts running when the results come back months later and you are served with notice. Once you have been served with notice, you have 15 days to request a hearing.
I always request an ALR hearing because the cop is required to follow strict procedures and sometimes they don’t. If their violation of procedures is serious enough, the suspension can’t be ordered. Of course, if you don’t request a hearing in the first place, any violation of procedure will never be presented and the suspension will go through on the 40th day.