Hays v. Driver & Motor Vehicle Services Division

The Driver and Motor Vehicle Services Division (DMV) ordered the suspension of petitioner’s driver’s license for failing a chemical breath test, and, on judicial review, the circuit court affirmed the suspension. On appeal, petitioner contends that the suspension is invalid because the breath sample was obtained as the result of a process that did not conform to statutory requirements; according to petitioner, the officer who presented petitioner with the consequences of refusing to take the test exceeded his authority by adding a consequence that the statutes omit. We review the DMV order…