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

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When a law enforcement officer swears that a driver has refused a legal chemical test, it triggers an automatic administrative action by the Division of Motor Vehicles (DMV). The law in North Carolina mandates that a refusal to submit to a chemical test, which measures blood alcohol concentration, will result in the revocation of the driver's license for at least 12 months. This policy is based on the principle that drivers have implied consent to testing when they operate a vehicle, meaning by driving, they agree to comply with chemical tests if asked by law enforcement.

This revocation is immediate and does not require a court decision, as it is a part of the administrative process governed by the DMV. The other options presented do not align with the legal framework surrounding implied consent laws. For instance, placing the driver on probation or assigning them to a Driver Improvement Clinic are not consequences tied to a refusal of chemical testing. Similarly, waiting for a court decision is unnecessary since the DMV can take immediate action based on the officer's sworn statement. Therefore, the correct action is the revocation of the driver's license for a specified period.

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