Defnedant/Petitoner refused to submit to a chemical test after being arrested for OVI. His driving privileges were suspended for 1 year based upon the refusal. Defendant was found not guilty of the OVI offense. Pursuan to statutory law, the ALS was ot terminated based upon the refusal. Defendant/Petitioner had timely appealed the ALS but was never granted a hearing despite several requests.
The court of appeals held that Defendant/Petitioner was entitled to a hearing and the denial of same was a violation of due process and the ALS was terminated.