ยง291E-15 - Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings.
ยง291E-15ย Refusal to submit to breath,blood, or urine test; subject to administrative revocation proceedings.ย [Sectioneffective January 1, 2011.ย For section effective until December 31, 2010, seemain volume.]ย If a person under arrest refuses to submit to a breath,blood, or urine test, none shall be given, except as provided in section 291E-21.ย Upon the law enforcement officer's determination that the person under arresthas refused to submit to a breath, blood, or urine test, if applicable, then a lawenforcement officer shall:
(1)ย Inform the person under arrest of the sanctionsunder section 291E-41 or 291E-65; and
(2)ย Ask the person if the person still refuses tosubmit to a breath, blood, or urine test, thereby subjecting the person to theprocedures and sanctions under part III or section 291E-65, as applicable;
provided that if the law enforcement officer failsto comply with paragraphs (1) and (2), the person shall not be subject to therefusal sanctions under part III or IV. [L 2000, c 189, pt of ยง23; am L 2006, c64, ยง2; am L 2009, c 88, ยงยง4, 17(1)]