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Suspension

In Arkansas, A.C.A. § 5-65-205 directs the Office of Driver Services to suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under that Arkansas subchapter. In Missouri, Mo. Rev. Stat. § 302.530 provides that a person who has received a notice of suspension or revocation may request a hearing, within a set period after receiving the notice, to review the department's determination.

In Arkansas, A.C.A. § 5-65-205 treats suspension and revocation as administrative penalties for an arrested person's refusal to submit to a chemical test. In Michigan, MCL 257.625f pairs suspension with denial of a license, permit to drive or nonresident operating privilege within its chemical-test refusal procedure.

How does Arkansas law use suspension?

In Arkansas, A.C.A. § 5-65-205 directs the Office of Driver Services to suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under that subchapter. For a refusal of a breath, saliva or urine test to determine alcohol concentration or controlled substance content, the Arkansas statute provides suspension for an initial offense and for a repeat offense within a set window after the initial offense, and revocation for further repeat offenses within that window.

How does Michigan law use suspension?

In Michigan, MCL 257.625f provides that if a person who refuses a chemical test does not request a hearing within a set period after notice, the secretary of state shall impose license sanctions. For a person who was operating a vehicle other than a commercial motor vehicle, the Michigan sanction is to suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege. Michigan's statute imposes the same sanction after a hearing if the person who requested it does not prevail, and lets that person petition the circuit court of the county of arrest for review. Michigan's statute sets separate sanctions on vehicle group designations for a person who was operating a commercial motor vehicle.

How does Missouri law use suspension?

In Missouri, Mo. Rev. Stat. § 302.530 provides that any person who has received a notice of suspension or revocation may request, within a set period after receiving it, a review of the department's determination at a hearing. Under the Missouri statute, if the record shows when the request is made that the person holds a valid driver's license issued by Missouri and that the license has been surrendered, the department shall issue a temporary permit valid until the scheduled hearing date.

In Missouri, Mo. Rev. Stat. § 302.530 makes the sole hearing issue whether, by a preponderance of the evidence, the person was driving under circumstances set out in a separate section, with the burden of proof on the state. Under the Missouri statute, an affirmative finding sustains the suspension or revocation order and a negative finding rescinds it.

What does PennDOT's driver manual say about suspension in Pennsylvania?

In Pennsylvania, PennDOT's driver manual says that when a driving privilege is going to be suspended, revoked or disqualified, a written notice will be mailed listing the date when the sanction will begin. PennDOT's Pennsylvania manual says the sanction starts on that effective date regardless of when a license or acknowledgment form is surrendered.

In Pennsylvania, PennDOT's driver manual says the sanction may be appealed in the Court of Common Pleas (Civil Division) in the county of residence, within a period measured from the mailing date of the notice. PennDOT's Pennsylvania manual adds that, in addition to serving the sanction, all restoration requirements must be satisfied before the driving privilege will be restored.

The figures for your state

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.

Common questions

In Pennsylvania, does surrendering a license early start a suspension sooner?

In Pennsylvania, PennDOT's driver manual says surrendering a license or acknowledgment form before the sanction effective date will not start the sanction early. PennDOT's Pennsylvania manual also says a license must be returned to the Bureau of Driver Licensing by the effective date on the notice, or the state police and local police will be notified to pick it up.

In Michigan, what does a refusal hearing cover?

In Michigan, MCL 257.625f limits the hearing to whether the peace officer had reasonable grounds to believe the person committed a crime described in a separate section, whether the person was arrested for such a crime, whether any refusal of the officer's test request was reasonable, and whether the person was advised of rights described in a separate section.

Sources

These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.

Related

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