SB 575
Relating to refusal review hearings
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies the process for refusal review hearings related to alleged refusals to submit to secondary chemical tests. It requires courts to provide a 30-day window for individuals to request a review after their initial court appearance and mandates that the county prosecuting attorney attend all aspects of the hearing. The bill also establishes specific criteria for the court to determine if a refusal occurred and outlines the potential license revocation periods based on prior refusals.
Key provisions
- Individuals have 30 days after their first court appearance to request a refusal review hearing.
- The county prosecuting attorney must attend all refusal review hearings.
- A court must review a statement from a law enforcement officer documenting the alleged refusal.
- The court must determine if specific conditions were met before the refusal (e.g., warnings given, officer requested test).
- License revocation periods are determined based on prior refusals, ranging from one year to life.
- The DMV must notify the individual of the revocation order via registered or certified mail.
- Revocations run concurrently with other suspensions or revocations.
- The Division of Motor Vehicles is not a party in refusal review proceedings.
Who is affected
- Individuals charged with driving under the influence (DUI)
- Law enforcement officers
- County prosecuting attorneys
- The Division of Motor Vehicles
- Motor vehicle license holders
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