In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test under KRS 189A.200(1)(a), if the court determines, by the preponderance of the evidence, that:
(1) The person was charged and arrested by a peace officer with violation of KRS 189A.010(1);
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1);
(3) The person was advised of the implied consent law pursuant to KRS 189A.105;
(4) The peace officer requested the person to take the test or tests pursuant to KRS 189A.103; and (5) The person refused to take a test requested by a peace officer pursuant to KRS 189A.103; then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107.