[§200-90] Hearing before a district judge. A hearing to determine the truth and correctness 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 arresting officer had reasonable grounds to believe that the person had been operating a vessel underway in the waters of this State while under the influence of intoxicating liquor;

(2) Whether the person was lawfully arrested;

(3) Whether the arresting officer had informed the person of the sanctions of sections 200-81 and 200-89; and

(4) Whether the person refused to submit to a test of the person's breath or blood. [L 1995, c 165, pt of §1]