KEYSER, Justice.
The respondent pleaded not guilty in District Court, Unit #5, Washington Circuit, to a charge of driving under the influence. No test as provided by 23 V.S.A. § 1205 was taken by the respondent. As a consequence the district court held a summary hearing as provided by the statute.
The issue in this case is substantially similar to that in State v. Mastaler, Vt.,
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