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

The district judge shall hear and determine:

(1)  Whether the law enforcement officer had probablecause to believe that the person had either been flying or was in actualphysical control of an aircraft while under the influence of intoxicatingliquor;

(2)  Whether the person was lawfully arrested;

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

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