§263A-5  Revocation of privilege to operatean aircraft upon refusal to submit to testing.  (a)  If a person underarrest refuses to submit to a breath or blood test, none shall be given exceptas provided in section 263A-9, but the law enforcement officer, as soon aspracticable, shall submit an affidavit to a district judge of the circuit inwhich the arrest was made, stating:

(1)  That at the time of the arrest, the lawenforcement officer had probable cause to believe the arrested person hadeither been flying or was in actual physical control of an aircraft while underthe influence of intoxicating liquor;

(2)  That the arrested person had been informed of thesanctions of this section; and

(3)  That the person had refused to submit to a breathor blood test.

(b)  Upon receipt of the affidavit, thedistrict judge shall hold a hearing as provided in section 263A-6, and shalldetermine whether the statements contained in the affidavit are true.  If thedistrict judge finds the statements contained in the affidavit are true, thejudge shall prohibit the person from operating an aircraft from a state orprivate airport for a period of one year.

(c)  Whenever a court penalizes a person underthis section, it shall also require that the person be referred to a substanceabuse counselor who has been certified pursuant to section 321-193 for anassessment of the person's alcohol dependence and the need for treatment.  Thecounselor shall submit a report with recommendations to the court.  The courtmay require the person to obtain appropriate treatment.  All costs for suchassessment or treatment or both shall be borne by the penalized person.

(d)  The penalties provided by this section areadditional penalties and not substitutes for other penalties provided by law.[L 1991, c 274, pt of §1]