§291E-36 - Documents required to be submitted for administrative review; sworn statements.

§291E-36 Documents required to be submitted
for administrative review; sworn statements. (a) Whenever a respondent
has been arrested for a violation of section 291E-61 or 291E-61.5 and submits
to a test that establishes: the respondent's alcohol concentration was .08 or
more; the presence, in the respondent's blood or urine, of any drug that is
capable of impairing the respondent's ability to operate a vehicle in a careful
and prudent manner; or whenever a respondent has been involved in a collision resulting
in injury or death and a blood or urine test performed pursuant to section
291E-21 establishes that the respondent's alcohol concentration was .08 or more
or establishes the presence in the respondent's blood or urine of any drug that
is capable of impairing the respondent's ability to operate a vehicle in a
careful and prudent manner, the following shall be forwarded immediately to the
director:

(1) A copy of the arrest report or the report of the
law enforcement officer who issued the notice of administrative revocation to
the person involved in a collision resulting in injury or death and the sworn
statement of the arresting law enforcement officer or the officer who issued
the notice of administrative revocation, stating facts that establish that:

(A) There was reasonable suspicion to stop the
vehicle, the vehicle was stopped at an intoxicant control roadblock established
and operated in compliance with sections 291E-19 and 291E-20, or the respondent
was tested pursuant to section 291E-21;

(B) There was probable cause to believe that
the respondent had been operating the vehicle while under the influence of an
intoxicant; and

(2) In a case involving an alcohol related offense,
the sworn statement of the person responsible for maintenance of the testing
equipment, stating facts that establish that, pursuant to section 321-161 and
rules adopted thereunder:

(A) The equipment used to conduct the test was
approved for use as an alcohol testing device in this State;

(B) The person had been trained and at the
time the test was conducted was certified and capable of maintaining the
testing equipment; and

(C) The testing equipment used had been
properly maintained and was in good working condition when the test was
conducted;

(3) In a case involving an alcohol related offense,
the sworn statement of the person who conducted the test, stating facts that
establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) The person was trained and at the time the
test was conducted was certified and capable of operating the testing
equipment;

(B) The person followed the procedures
established for conducting the test;

(C) The equipment used to conduct the test
functioned in accordance with operating procedures and indicated that the
respondent's alcohol concentration was at, or above, the prohibited level; and

(D) The person whose breath or blood was
tested is the respondent;

(4) In a case involving a drug related offense, the
sworn statement of the person responsible for maintenance of the testing
equipment, stating facts that establish that, pursuant to section 321-161 and
rules adopted thereunder:

(A) The equipment used to conduct the test was
approved for use in drug testing;

(B) The person conducting the test had been
trained and, at the time of the test, was certified and capable of maintaining
the testing equipment; and

(C) The testing equipment used had been
properly maintained and was in good working condition when the test was
conducted;

(5) In a case involving a drug related offense, the
sworn statement of the person who conducted the test, stating facts that
establish that, pursuant to section 321-161 and rules adopted thereunder:

(A) At the time the test was conducted, the
person was trained and capable of operating the testing equipment;

(B) The person followed the procedures
established for conducting the test;

(C) The equipment used to conduct the test
functioned in accordance with operating procedures and indicated the presence
of one or more drugs or their metabolites in the respondent's blood or urine;
and

(D) The person whose blood or urine was tested
is the respondent;

(6) A copy of the notice of administrative revocation
issued by the law enforcement officer to the respondent;

(7) Any license, and motor vehicle registration and
number plates, if applicable, taken into possession by the law enforcement
officer; and

(8) A listing of any prior alcohol or drug enforcement
contacts involving the respondent.

(b) Whenever a respondent has been arrested
for a violation of section 291E-61 or 291E-61.5 and refuses to submit to a test
to determine alcohol concentration or drug content in the blood or urine, the
following shall be forwarded immediately to the director:

(1) A copy of the arrest report and the sworn
statement of the arresting law enforcement officer, stating facts that
establish that:

(A) 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;

(B) There was probable cause to believe that
the respondent had been operating the vehicle while under the influence of an
intoxicant;

(i) The sanctions of section 291E-41;

(ii) The possibility that criminal charges may
be filed; and

(iii) The probable consequences of refusing to be
tested for alcohol concentration or drug content in the blood or urine; and

(D) The respondent refused to be tested;

(2) A copy of the notice of administrative revocation
issued to the respondent;

(3) Any driver's license, and motor vehicle
registration and number plates if applicable, taken into possession; and

(4) A listing of all alcohol and drug enforcement
contacts involving the respondent. [L 2000, c 189, pt of §23; am L 2001, c 157,
§17; am L 2002, c 113, §3; am L 2004, c 90, §10; am L 2006, c 64, §5]