the officer had reasonable grounds to believe the person was driving a vehicle while under the influence; the person was placed under arrest;
a valid and reliable test was completed, and
it indicated a result of .08 or more for a non-commercial license, or .04 or more for a
commercial license while driving a commercial vehicle; and
that the result was accurately evaluated.

Results of the Hearing
If the state fails to meet its burden of proof at the hearing, the driver's privileges will not be suspended. However, this does not mean his/her driving privileges are immune from suspension. A conviction in the criminal portion of the drinking and driving charge will result in a suspension for the same time period that would have been ordered had the state met its burden at the Motor Vehicle Department hearing.

The major difference is that a suspension that results from a criminal conviction will ultimately require the driver to obtain SR-22 insurance, which is usually more expensive, in order to have his/her driving privilege reinstated while a suspension which stems from a Motor Vehicle Department hearing will not create this situation.  

If the state does meet its burden of proof at the hearing, the driver's privileges will be suspended. However, the driver may have the right to petition for a review with Superior court.