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

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

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

the law enforcement officer immediately shall takepossession of any license held by the person and request the person to take atest for alcohol concentration, in the case of an alcohol related offense, or atest for drug content in the blood or urine, in the case of a drug relatedoffense.  The law enforcement officer shall inform the person that, in the caseof an alcohol related offense, the person shall elect to take a breath test, ablood test, or both, pursuant to section 291E‑11, but that the person mayrefuse to submit to testing under this chapter.  In the case of a drug relatedoffense, 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 tosubmit 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 section291E‑41, including the sanction for refusing to take a breath, blood, orurine test, if applicable; and

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

Thereafter, the law enforcement officer shallcomplete and issue to the person a notice of administrative revocation andshall 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 vehiclewas revoked or suspended; or the person had no license in the person'spossession.

(b)  Whenever a law enforcement officerdetermines that, as the result of a blood or urine test performed pursuant tosection 291E-21, there is probable cause to believe that a person being treatedin a hospital or medical facility has violated section 291E-61 or 291E-61.5,the law enforcement officer immediately shall take possession of any licenseheld by the person and shall complete and issue to the person a notice of administrativerevocation and indicate thereon whether the notice shall serve as a temporarypermit.  The notice shall serve as a temporary permit unless, at the time thenotice was issued:  the person was unlicensed; the person's license orprivilege to operate a vehicle was revoked or suspended; or the person had nolicense in the person's possession.

(c)  Whenever a respondent under this sectionis a repeat intoxicated driver or highly intoxicated driver, the arresting lawenforcement officer shall take possession of the motor vehicle registrationand, if the motor vehicle being driven by the respondent is registered to therespondent, remove the number plates and issue a temporary motor vehicleregistration and temporary number plates for the motor vehicle.  No temporarymotor vehicle registration or temporary number plates shall be issued if therespondent's registration has expired or been revoked.  The applicable policedepartment, upon determining that the respondent is a repeat intoxicated driveror highly intoxicated driver, shall notify the appropriate county director offinance to enter a stopper on the motor vehicle registration files to preventthe respondent from conducting any motor vehicle transactions, except aspermitted under this part. [L 2000, c 189, pt of §23; am L 2001, c 157, §14; amL 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 toadequately notify the defendant of the implied consent law.  108 H. 31, 116P.3d 673.