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

When a law enforcement officer swears that a driver has refused a legal chemical test, the appropriate action for the Division of Motor Vehicles is to revoke the driver's license for at least 12 months. This response is mandated by the state's implied consent laws, which stipulate that by operating a vehicle on public roads, drivers automatically consent to submit to chemical tests to determine their blood alcohol content (BAC) or the presence of drugs.

Refusal to take such a test can indicate an attempt to evade accountability for a potential DUI offense, and therefore, the law imposes penalties for this refusal. The 12-month revocation serves both as a deterrent to prevent such refusals in the future and as a means of emphasizing the seriousness of driving under the influence of alcohol or drugs. This measure helps enforce road safety and reduces the incidence of impaired driving on North Carolina's roads.

In contrast, options such as placing the driver on probation or assigning them to a Driver Improvement Clinic do not address the serious nature of the refusal. Waiting for a court decision might delay necessary actions that are already required by law. Thus, the revocation of the driver's license for a specified period is the established procedure to ensure compliance and public safety.