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Further, in the event of an ALR appeal, the suspension can be delayed for an additional 90 days.
The burden of proof at an ALR hearing is on the Department of Public Safety.
Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing: OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, the periods of suspension are as follows: NOTE: If the person who refuses is a resident without a license, an order will be issued denying the issuance of a license to the person for 180 days.
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