§286-258 Administrative review; procedures. (a) The director shall automatically review the issuance of a notice of administrative revocation, and a written decision administratively revoking the driver's license and motor vehicle registration, if applicable, or rescinding the notice of administrative revocation shall be mailed to the arrestee no later than eight days after the date the notice was issued.

(b) The arrestee shall have the opportunity to demonstrate in writing why the arrestee's driver's license and motor vehicle registration, if applicable, should not be administratively revoked and shall submit any written information within three days of the notice, either by mail or in person, to the director's office or to any office or address designated by the director for that purpose.

(1) Any sworn or unsworn statement or other evidence provided by the arrestee;

(2) The breath or blood test results, if any; and

(3) The sworn statements of the law enforcement officials, and other evidence or information required by section 286-257.

(d) The director shall administratively revoke the arrestee's driver's license if the director determines that:

(1) There existed reasonable suspicion to stop the motor vehicle, the motor vehicle was stopped at an intoxication and drug control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6, or the person was tested pursuant to section 286-163;

(2) There existed probable cause to believe that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor; and

(3) The evidence proves by a preponderance that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor or while having an alcohol concentration of .08 or more or that the arrestee refused to submit to a breath or blood test after being informed of the sanctions of this part.

(e) The director shall administratively revoke the registration of all vehicles owned or registered to the arrestee and impound any license plate issued to the arrestee if the director determines that the arrestee is a repeat intoxicated driver and that:

(2) There existed probable cause to believe that the arrestee drove, operated, or was in actual physical control of the motor vehicle while under the influence of intoxicating liquor; and

(f) If the evidence does not support administrative revocation, the director shall rescind the notice of administrative revocation and return the arrestee's driver's license and motor vehicle registration and license plates, if applicable, along with a certified statement that administrative revocation proceedings have been terminated.

(g) If the director administratively revokes the arrestee's driver's license and motor vehicle registration, if applicable, the director shall mail to the arrestee a written decision stating the reasons for the administrative revocation. The decision shall also indicate that the arrestee has six days from the date the decision is mailed to request an administrative hearing to review the director's decision. The decision shall also explain the procedure by which to request an administrative hearing, and shall be accompanied by a form, postage prepaid, which the arrestee may fill out and mail in order to request an administrative hearing. The decision shall also inform the arrestee of the right to review and copy all documents considered at the review, including the arrest report and the sworn statements of the law enforcement officials, prior to the hearing. Further, the decision shall state that the arrestee may be represented by counsel at the hearing, submit evidence, give testimony, and present and cross-examine witnesses, including the arresting officer.

(h) Failure of the arrestee to request a hearing within the time provided in section 286-259(a) shall cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by the director under this section. The arrestee may regain the right to a hearing by requesting the director, within sixty days of the arrest, to schedule a hearing. The hearing shall be scheduled to commence no later than thirty days after the request is received by the director. The administrative review decision issued by the director under this section shall clearly explain the consequences of failure to request an administrative hearing and the procedure by which the arrestee may regain the right to a hearing. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §10; am L 1995, c 226, §5; am L 1996, c 230, §2; am L 1998, c 85, §4; am L 2000, c 189, §13]