§291E-33  Probable cause determination;
issuance of notice of administrative revocation; procedures.  (a)  Whenever
a person is arrested for a violation of section 291E-61 or 291E-61.5 on a
determination by the arresting law enforcement officer that:



(1)  There was reasonable suspicion to stop the
vehicle or the vehicle was stopped at an intoxicant control roadblock
established and operated in compliance with sections 291E-19 and 291E-20; and



(2)  There was probable cause to believe that the
person was operating the vehicle while under the influence of an intoxicant;



the law enforcement officer immediately shall take
possession of any license held by the person and request the person to take a
test for alcohol concentration, in the case of an alcohol related offense, or a
test for drug content in the blood or urine, in the case of a drug related
offense.  The law enforcement officer shall inform the person that, in the case
of an alcohol related offense, the person shall elect to take a breath test, a
blood test, or both, pursuant to section 291E‑11, but that the person may
refuse to submit to testing under this chapter.  In the case of a drug related
offense, the person shall elect to take a blood test, a urine test, or both,
pursuant to section 291E-11, after being informed that the person may refuse to
submit to testing under this chapter.  When applicable under section 291E-15,
the law enforcement officer also shall:



(1)  Inform the person of the sanctions under section
291E‑41, including the sanction for refusing to take a breath, blood, or
urine test, if applicable; and



(2)  Ask the person if the person still refuses to
submit to a breath, blood, or urine test, upon the law enforcement officer's
determination that, after the person has been informed by a law enforcement
officer that the person may refuse to submit to testing, the person under
arrest has refused to submit to a breath, blood, or urine test.



Thereafter, the law enforcement officer shall
complete and issue to the person a notice of administrative revocation and
shall indicate thereon whether the notice shall serve as a temporary permit. 
The notice shall serve as a temporary permit, unless, at the time of arrest: 
the person was unlicensed; the person's license or privilege to operate a vehicle
was revoked or suspended; or the person had no license in the person's
possession.



(b)  Whenever a law enforcement officer
determines that, as the result of a blood or urine test performed pursuant to
section 291E-21, there is probable cause to believe that a person being treated
in a hospital or medical facility has violated section 291E-61 or 291E-61.5,
the law enforcement officer immediately shall take possession of any license
held by the person and shall complete and issue to the person a notice of administrative
revocation and indicate thereon whether the notice shall serve as a temporary
permit.  The notice shall serve as a temporary permit unless, at the time the
notice was issued:  the person was unlicensed; the person's license or
privilege to operate a vehicle was revoked or suspended; or the person had no
license in the person's possession.



(c)  Whenever a respondent under this section
is a repeat intoxicated driver or highly intoxicated driver, the arresting law
enforcement officer shall take possession of the motor vehicle registration
and, if the motor vehicle being driven by the respondent is registered to the
respondent, remove the number plates and issue a temporary motor vehicle
registration and temporary number plates for the motor vehicle.  No temporary
motor vehicle registration or temporary number plates shall be issued if the
respondent's registration has expired or been revoked.  The applicable police
department, upon determining that the respondent is a repeat intoxicated driver
or highly intoxicated driver, shall notify the appropriate county director of
finance to enter a stopper on the motor vehicle registration files to prevent
the respondent from conducting any motor vehicle transactions, except as
permitted under this part. [L 2000, c 189, pt of §23; am L 2001, c 157, §14; am
L 2002, c 113, §2; am L 2004, c 90, §8; am L 2006, c 64, §3 and c 201, §3]



 



Case Notes



 



  Where hearing officer refused to admit intoxilyzer results,
this was an adequate safeguard in the situation where the police failed to
adequately notify the defendant of the implied consent law.  108 H. 31, 116
P.3d 673.