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If a law enforcement officer swears that a driver has refused a legal chemical test, what action must the Division of Motor Vehicles take?

Revoke the driver's license for 6 months

Revoke the driver's license for 12 months

When a law enforcement officer swears that a driver has refused a legal chemical test, the Division of Motor Vehicles (DMV) is mandated to take significant actions based on the refusal. The law in North Carolina clearly stipulates that refusal to submit to a chemical test results in an automatic consequences for the driver. Specifically, the correct action is to revoke the driver's license for 12 months. This measure is a part of the state's implied consent law, which indicates that by operating a vehicle, drivers have agreed to submit to chemical tests to determine alcohol or drug concentration levels when requested by law enforcement. Therefore, a refusal is considered a serious violation that can impact public safety, leading to a one-year revocation period as a deterrent against non-compliance. The revocation period serves as both a punishment and a means to promote responsible driving behaviors among all motorists. The other options, which suggest a shorter period or an indefinite revocation or a fine without suspension, do not align with the established legal framework in North Carolina regarding chemical test refusals.

Revoke the driver's license indefinitely

Fine the driver without license suspension

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