---
kind: "section"
citation: "32 C.F.R. § 634.14"
title: "32"
number: "634.14"
heading: "Restoration of driving privileges upon acquittal of intoxicated driving."
url: "https://uscodex.org/cfr/32/634.14"
---

# §634.14. Restoration of driving privileges upon acquittal of intoxicated driving.


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](/cfr/32/634.11.md). 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.

## Notes

### Authority

Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 89-670; 91-605; and 93-87.

### Source

Source: 70 FR 18969, Apr. 12, 2005, unless otherwise noted.