Summary DUI License Suspension
Most, if not all states have a summary suspension law providing for suspension of the driver's license for failing the test. These laws allow documents be introduced into evidence to show compliance with the administrative rules rather than requiring the testing officer to appear. The person making the statement must swear to any document alleging compliance with these regulations. However, even seemingly minor errors in the documentation presented at the review hearing may result in a delay of the suspension.
Generally, states have adopted a variation of the two most common statutory formats for revoking the driver's licenses of motorists found to violate the implied consent statute. In some states a motorist who refuses chemical testing will face civil revocation proceeding while in others, the motorist who refuses or fails chemical testing would face a statutory summary suspension hearing. Traditionally, the driver's license revocation proceeding has been administrative rather than judicial. The Administrative Procedures Act governs the revocation proceedings in many states. The statutes of some states exclude the Administrative Procedures Act and set out the applicable procedure in the implied consent statute itself.
Procedurally, upon refusal of a motorist to take test, the arresting officer is usually required to seize the motorist's license and issue the motorist a temporary driving permit. The officer then submits the motorist's license to the state Department of Motor Vehicles along with a report, which includes all information relevant to the stop and arrest of the motorist and the request for a chemical test. In most states the applicable statute requires that the officer's report be sworn or at least "certified." The documents that are filed by the police officer must be in proper form. If the suspected DUI driver refused to submit to the breath test, the form suspending the license should reflect that and be subsequently filed with the administrative agency.
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