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22.0611 Hearing-Scope-Decision.

Cite as [A.S.C.A. § 22.0611]

(a) The scope of the hearing shall be limited to:

(1) whether the person, at the time he was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicating liquor;

(2) whether the police officer had reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicating liquor;

(3) whether the person refused to submit to a test;

(4) whether the person was informed of the consequences of his refusal to submit to the test;

(5) whether the person was informed of his rights as provided in 22.0604.

(b) Upon an affirmative finding on each matter listed in subsection (a), the Administrative Law Judge shall issue an order suspending the license, privilege or permit of the person to drive a motor vehicle for 90 days; otherwise, no suspension shall be ordered.

History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.