Restoration of driving privileges upon acquittal of intoxicated driving.

§ 634.14 Restoration of driving privileges upon acquittal of intoxicated driving. The suspension of driving privileges for military and civilian personnel shall be restored if a final disposition indicates a finding of not guilty, charges are dismissed or reduced to an offense not amounting to intoxicated driving, or where an equivalent determination is made in a nonjudicial proceeding. The following are exceptions to the rule in which suspensions will continue to be enforced. (a) The preliminary suspension was based on refusal to take a BAC test. (b) The preliminary suspension resulted from a valid BAC test, (unless disposition of the charges was based on invalidity of the BAC test). In the case of a valid BAC test, the suspension will continue, pending completion of a hearing as specified in § 634.11. In such instances, the individual will be notified in writing that the suspension will continue and of the opportunity to request a hearing within 14 calendar days. (1) At the hearing, the arrest report, the commander's report of official disposition, information presented by the individual, and such other information as the hearing officer may deem appropriate will be considered. (2) If the hearing officer determines by a preponderance of evidence that the individual was engaged in intoxicated driving, the revocation will be for 1 year from the date of the original preliminary suspension. (c) The person was driving or in physical control of a motor vehicle while under a preliminary suspension or revocation. (d) An administrative determination has been made by the state or host nation licensing authority to suspend or revoke driving privileges. (e) The individual has failed to complete a formally directed substance abuse or driver's training program.