David Carver v. Louisiana Department of Public Safety

Summary

The court held that the statutory provisions governing reinstatement of driving privileges after a second DWI arrest and refusal to submit to chemical testing do not violate procedural or substantive due process. It concluded that the administrative hearing supplied adequate notice and opportunity to be heard, and that the provisions were rationally related to the state's interest in regulating driving and protecting public safety. The court reversed the district court's declaration of unconstitutionality and remanded for consistent proceedings. Justice Weimer, concurring in the result, would focus on the driver's refusal to submit to testing rather than the arrest as the basis for the statutory consequences.