Ausman v. State

SILAK, Judge.

Mark Earle Ausman appeals from the district court’s decision affirming the magistrate’s denial of (1) his motion to vacate an order suspending his driving privileges, and (2) his untimely request for a hearing on his refusal to submit to the blood alcohol concentration (“BAC”) test.

FACTS AND PROCEDURAL BACKGROUND

Ausman’s driver’s license was seized on March 29, 1991, when he allegedly refused to perform a BAC test after being stopped and arrested for suspicion of driving under the influence. Ausman retained an attorney who agreed to represent him and to appear with him at a…