§263A-6  Hearing before a district
judge.  A hearing to determine the truth of an affidavit submitted to a
district judge shall be held within twenty days after the district judge has
received the affidavit.



The district judge shall hear and determine:



(1)  Whether the law enforcement officer had probable
cause to believe that the person had either been flying or was in actual
physical control of an aircraft while under the influence of intoxicating
liquor;



(2)  Whether the person was lawfully arrested;



(3)  Whether the law enforcement officer had informed
the person of the sanctions of section 263A-5; and



(4)  Whether the person refused to submit to a test of
the person's breath or blood. [L 1991, c 274, pt of §1]