State v. Hamm

Defendant was arrested for driving while under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201(a)(2). He refused to submit to an evidentiary breath test, consent for which is implied under 23 V.S.A. § 1202(a). Defendant received a notice of suspension of his operator’s license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.S.A. § 1205(c)(1). At the suspension hearing the district court found that defendant had not prevailed on any of the issues raised under 23 V.S.A. § 1205(f), and forwarded its…