[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR634.15]

[Page 43]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
 
                      Subpart B--Driving Privileges
 
Sec. 634.15  Restoration of driving privileges on acquittal.

    When an official report pertaining to drunk driving or driving while 
intoxicated indicates a finding of not guilty, that the charges have 
been dismissed or reduced to an offense not amounting to intoxicated 
driving, or that an equivalent determination has been made in a 
nonjudicial punishment proceeding or military or civilian administrative 
action, the suspension of driving privileges will be vacated except in 
cases in which:
    (a) The preliminary suspension was based on refusal to take a BAC 
test.
    (b) The preliminary suspension resulted from a BAC test (unless 
disposition of the charges was based on invalidity of the BAC test). 
When a valid BAC test is involved, the suspension will continue pending 
completion of a hearing. In such instances, the individual will be 
notified in writing of the continuation of the preliminary suspension 
and of the opportunity to request a hearing within 10 working days. 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. 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 
based on local law or pertinent regulations.
    (e) The individual has failed to complete a formally directed 
substance abuse or driver's training program.