The Secretary of State, upon the receipt of a written statement under oath from a law enforcement officer, stating that the officer had probable cause to believe that a person was operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor or drugs, and that the person failed to comply with the duty to submit to a chemical test, shall immediately notify the person, in writing, as provided in section 2241, that the person's license or permit, right to operate and right to apply for or obtain a license have been suspended. The suspension is a period of 180 days the first time the person fails to comply with the duty to submit to the test and one year for each subsequent failure to comply with the duty to submit to the test within a 6-year period. The written statement shall be sent to the Secretary of State within 72 hours of the failure to comply with the duty to submit to the chemical test, excluding Saturdays, Sundays and holidays. If the statement is not sent within this time period, the Secretary of State shall nevertheless impose the suspension for failing to comply with the duty to submit to a test, unless the delay has prejudiced the person's ability to prepare or participate in the hearing described in this subsection. If such person desires to have a hearing, that person shall notify the Secretary of State within 10 days, in writing, of such desire.
Any suspension remains in effect pending the outcome of such hearing, if requested.
The scope of such a hearing is to determine whether there was probable cause to believe that the individual was either attempting to operate or was operating under the influence of intoxicating liquor or drugs and whether that individual failed to comply with the duty to submit to one of the chemical tests upon the request of a law enforcement officer. Any suspension in effect shall be removed if, after hearing, it is determined that the person who failed to submit to the test would not have failed to submit but for the failure of the law enforcement officer to give either or both of the warnings required by subsection 1. If it is determined, after hearing, that there was not probable cause to believe that such person was either attempting to operate or was operating under the influence of intoxicating liquor or drugs or that the person did not fail to comply with the duty to submit to a chemical test, any suspension in effect shall be removed immediately. If it is determined, after a hearing, that any suspension in effect should be removed, the Secretary of State shall delete any record of the suspension and any record of revocation of consent from that person's driving record. For the purposes of this section, a prior refusal or revocation of consent to submit to a chemical test is a prior refusal or revocation of consent if it occurred within a 6-year period of the date of the most recent refusal or revocation of consent.