§291E-36  Documents required to be submittedfor administrative review; sworn statements.  (a)  Whenever a respondenthas been arrested for a violation of section 291E-61 or 291E-61.5 and submitsto a test that establishes:  the respondent's alcohol concentration was .08 ormore; the presence, in the respondent's blood or urine, of any drug that iscapable of impairing the respondent's ability to operate a vehicle in a carefuland prudent manner; or whenever a respondent has been involved in a collision resultingin injury or death and a blood or urine test performed pursuant to section291E-21 establishes that the respondent's alcohol concentration was .08 or moreor establishes the presence in the respondent's blood or urine of any drug thatis capable of impairing the respondent's ability to operate a vehicle in acareful and prudent manner, the following shall be forwarded immediately to thedirector:

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

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

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

(C)  The respondent agreed to be tested or theperson was tested pursuant to section 291E-21;

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

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

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

(C)  The testing equipment used had beenproperly maintained and was in good working condition when the test wasconducted;

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

(A)  The person was trained and at the time thetest was conducted was certified and capable of operating the testingequipment;

(B)  The person followed the proceduresestablished for conducting the test;

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

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

(4)  In a case involving a drug related offense, thesworn statement of the person responsible for maintenance of the testingequipment, stating facts that establish that, pursuant to section 321-161 andrules adopted thereunder:

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

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

(C)  The testing equipment used had beenproperly maintained and was in good working condition when the test wasconducted;

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

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

(B)  The person followed the proceduresestablished for conducting the test;

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

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

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

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

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

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

(1)  A copy of the arrest report and the swornstatement of the arresting law enforcement officer, stating facts thatestablish that:

(A)  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;

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

(C)  The respondent was informed of:

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

(ii)  The possibility that criminal charges maybe filed; and

(iii)  The probable consequences of refusing to betested 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 revocationissued to the respondent;

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

(4)  A listing of all alcohol and drug enforcementcontacts 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]