Commonwealth Dep’t of Pub. Safety v. Tuemler – Case Brief Summary (Kentucky)

In Commonwealth Dep't of Pub. Safety v. Tuemler, 526 S.W.2d 305 (Ky. Ct. App. 1975), a driver had his license suspended for refusing to take a breathalyser test.

The driver argued that the arresting officer informed him that "chances" were he would lose his license for refusing to take the test.

The driver contended that this warning was misleading, because suspension was automatic. The appellate court ruled that the warning "substantially apprised the driver of the consequences of refusing to take the test." Tuemler, 526 S.W.2d at 306.

The appellate court also noted that "revocation is not necessarily 'automatic,' but is subject to an administrative hearing." Id.

The appellate court reinstated the suspension.