Went to a party. Didn't drink any beer or liquor. Had a few cups of punch that was so sweet that i actually had to water down. I felt ok. Hugged the ppl i knew bye. Don't remember getting in my truck. Only waking up in a jail cell. Went to 1st dmv hearing. Police didn't show up. Scheduled for the 2nd hearing in February.
At the next hearing date if the police officer does not appear then the hearing will proceed if the DMV administrative law judge has the Report of Refusal in the file. You can if you wish testify (under oath) and if you don't testify your silence will be held against you.
If the Report of Refusal is not in the file your attorney should request that the case be closed in your favor.
The judge at the DMV refusal hearing can move forward with the hearing based upon the report of refusal alone. If it sufficiently makes out a refusal, your license can be revoked. You should speak directly to your attorney about this to get a better understanding about how this works in your particular jurisdiction.
The ALJ could elect to proceed without the officer and render his or her decision based upon the documentation submitted in the case.