32 CFR §634.14
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The suspension of driving privileges for military and civilian personnel shall be restored if a final disposition indicates a finding of not guilty, charges are dismissed or reduced to an offense not amounting to intoxicated driving, or where an equivalent determination is made in a nonjudicial proceeding. The following are exceptions to the rule in which suspensions will continue to be enforced.
- (a)The preliminary suspension was based on refusal to take a BAC test.
- (b)The preliminary suspension resulted from a valid BAC test, (unless disposition of the charges was based on invalidity of the BAC test). In the case of a valid BAC test, the suspension will continue, pending completion of a hearing as specified in § 634.11. In such instances, the individual will be notified in writing that the suspension will continue and of the opportunity to request a hearing within 14 calendar days.
- (1)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.
- (2)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.
- (e)The individual has failed to complete a formally directed substance abuse or driver's training program.