§291E-41  Effective date and period ofadministrative revocation; criteria.  [Section effective until December31, 2010.  For section effective January 1, 2011, see below.]  (a)  Unlessan administrative revocation is reversed or the temporary permit, and temporarymotor vehicle registration and temporary number plates if applicable, areextended by the director, administrative revocation shall become effective onthe day specified in the notice of administrative revocation.  Except asprovided in section 291E-44, no license and privilege to operate a vehicle, normotor vehicle registration and number plates if applicable, shall be restoredunder any circumstances, and no conditional license permit shall be issuedduring the administrative revocation period.  Upon completion of theadministrative revocation period, the respondent may reapply and be reissued alicense pursuant to section 291E-45.

(b)  The periods of administrative revocationwith respect to a license and privilege to operate a vehicle, and motor vehicleregistration if applicable, that shall be imposed under this part are asfollows:

(1)  A minimum of three months up to a maximum of oneyear revocation of license and privilege to operate a vehicle, if therespondent's record shows no prior alcohol enforcement contact or drugenforcement contact during the five years preceding the date the notice ofadministrative revocation was issued;

(2)  For a respondent who is a highly intoxicateddriver, if the respondent's record shows no prior alcohol enforcement contactor drug enforcement contact during the five years preceding the date the noticeof administrative revocation was issued, a minimum of six months up to amaximum of one year revocation of license and privilege to operate a vehicleand of the registration of any motor vehicle registered to the highlyintoxicated driver; provided that the highly intoxicated driver shall notqualify for a conditional license permit under section 291E‑44;

(3)  A minimum of one year up to a maximum of twoyears revocation of license and privilege to operate a vehicle and of theregistration of any motor vehicle registered to the respondent, if therespondent's record shows one prior alcohol enforcement contact or drugenforcement contact during the five years preceding the date the notice ofadministrative revocation was issued;

(4)  A minimum of two years up to a maximum of fouryears revocation of license and privilege to operate a vehicle and of theregistration of any motor vehicle registered to the respondent, if therespondent's record shows two prior alcohol enforcement contacts or drugenforcement contacts during the seven years preceding the date the notice ofadministrative revocation was issued;

(5)  Lifetime revocation of license and privilege tooperate a vehicle and of the registration of any motor vehicle registered tothe respondent and a lifetime prohibition on any subsequent registration ofmotor vehicles by the respondent, if the respondent's record shows three ormore prior alcohol enforcement contacts or drug enforcement contacts during theten years preceding the date the notice of administrative revocation wasissued; or

(6)  For respondents under the age of eighteen yearswho were arrested for a violation of section 291E‑61 or 291E‑61.5,revocation of license and privilege to operate a vehicle either for the periodremaining until the respondent's eighteenth birthday or, if applicable, for theappropriate revocation period provided in paragraphs (1) to (5) or insubsection (d), whichever is longer and such respondents shall not qualify fora conditional permit;

provided that when more than one administrativerevocation, suspension, or conviction arises out of the same arrest, it shallbe counted as only one prior alcohol enforcement contact or drug enforcementcontact, whichever revocation, suspension, or conviction occurs later.

(c)  Whenever a motor vehicle registration isrevoked under this part, the director shall cause the revocation to be enteredelectronically into the motor vehicle registration file of the respondent.

(d)  If a respondent has refused to be testedafter being informed:

(1)  That the person may refuse to submit to testingin compliance with section 291E-11; and

(2)  Of the sanctions of this part and then asked ifthe person still refuses to submit to a breath, blood, or urine test, incompliance with the requirements of section 291E-15,

the revocation imposed under subsection (b)(1), (3),(4), and (5) shall be for a period of one year, two years, four years, and alifetime, respectively.

(e)  In addition to subsection (d), any motorvehicle registration of a respondent who is a repeat intoxicated driver and whorefused to be tested after being informed:

(1)  That the person may refuse to submit to testingin compliance with section 291E-11; and

(2)  Of the sanctions of this part and then asked ifthe person still refuses to submit to a breath, blood, or urine test, incompliance with the requirements of section 291E-15,

shall be revoked for the periods specified insubsection (d), and the respondent shall be prohibited from subsequentlyregistering any motor vehicle for the applicable revocation period.

(f)  Whenever a license and privilege tooperate a vehicle is administratively revoked under this part, the respondentshall be referred to the driver's education program for an assessment, by acertified substance abuse counselor, of the respondent's substance abuse ordependence and the need for treatment.  The counselor shall submit a reportwith recommendations to the director.  If the counselor's assessmentestablishes that the extent of the respondent's substance abuse or dependencewarrants treatment, the director shall so order.  All costs for assessment andtreatment shall be paid by the respondent.

(g)  Alcohol and drug enforcement contacts thatoccurred prior to January 1, 2002, shall be counted in determining theadministrative revocation period.

(h)  The requirement to provide proof offinancial responsibility pursuant to section 287-20 shall not be based upon a revocationunder subsection (b)(1). [L 2000, c 189, pt of §23; am L 2001, c 157, §21; am L2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c 201, §5; am L2007, c 198, §3]

 

 

§291E-41  Effective date, conditions, andperiod of administrative revocation; criteria.  [Section effective on January1, 2011.  For section effective until December 31, 2010, see above.]  (a) Unless an administrative revocation is reversed or the temporary permit isextended by the director, administrative revocation shall become effective onthe day specified in the notice of administrative revocation.  Except asprovided in section 291E-44, no license and privilege to operate a vehicleshall be restored under any circumstances during the administrative revocationperiod.  Upon completion of the administrative revocation period, therespondent may reapply and be reissued a license pursuant to section 291E-45.

(b)  Except as provided in paragraph (5) and insection 291E-44.5, the respondent shall keep an ignition interlock deviceinstalled and operating on any vehicle the respondent operates during therevocation period.  Except as provided in section 291E-5, installation andmaintenance of the ignition interlock device shall be at the respondent's ownexpense.  The periods of administrative revocation with respect to a licenseand privilege to operate a vehicle that shall be imposed under this part are asfollows:

(1)  A one year revocation of license and privilege tooperate a vehicle, if the respondent's record shows no prior alcoholenforcement contact or drug enforcement contact during the five years precedingthe date the notice of administrative revocation was issued;

(2)  An eighteen month revocation of license andprivilege to operate a vehicle, if the respondent's record shows one prioralcohol enforcement contact or drug enforcement contact during the five yearspreceding the date the notice of administrative revocation was issued;

(3)  A two-year revocation of license and privilege tooperate a vehicle, if the respondent's record shows two prior alcoholenforcement contacts or drug enforcement contacts during the five yearspreceding the date the notice of administrative revocation was issued;

(4)  A minimum of five years up to a maximum of tenyears revocation of license and privilege to operate a vehicle, if therespondent's record shows three or more prior alcohol enforcement contacts ordrug enforcement contacts during the five years preceding the date the noticeof administrative revocation was issued; or

(5)  For respondents under the age of eighteen yearswho were arrested for a violation of section 291E-61 or 291E-61.5, revocationof license and privilege to operate a vehicle for the appropriate revocationperiod provided in paragraphs (1) to (4) or in subsection (c); provided thatthe respondent shall be prohibited from driving during the period preceding therespondent's eighteenth birthday and shall thereafter be subject to theignition interlock requirement of this subsection for the balance of the revocationperiod;

(6)  For respondents who do not install an ignitioninterlock device in the respondent's vehicle during the revocation period,revocation of license and privilege to operate a vehicle for the period ofrevocation provided in paragraphs (1) to (5) or in subsection (c); providedthat:

(A)  The respondent shall be absolutelyprohibited from driving during the revocation period and subject to thepenalties provided by section 291E-62 if the respondent drives during therevocation period; and

(B)  The director shall not issue an ignitioninterlock permit to the respondent pursuant to section 291E-44.5;

provided that when more than one administrativerevocation, suspension, or conviction arises out of the same arrest, it shallbe counted as only one prior alcohol enforcement contact or drug enforcementcontact, whichever revocation, suspension, or conviction occurs later.

(c)  If a respondent has refused to be testedafter being informed:

(1)  That the person may refuse to submit to testingin compliance with section 291E-11; and

(2)  Of the sanctions of this part and then asked ifthe person still refuses to submit to a breath, blood, or urine test, incompliance with the requirements of section 291E-15,

the revocation imposed under subsection (b)(1), (2),(3), or (4) shall be for a period of two years, three years, four years, andten years, respectively.

(d)  Whenever a license and privilege tooperate a vehicle is administratively revoked under this part, the respondentshall be referred to the driver's education program for an assessment, by acertified substance abuse counselor, of the respondent's substance abuse ordependence and the need for treatment.  The counselor shall submit a reportwith recommendations to the director.  If the counselor's assessmentestablishes that the extent of the respondent's substance abuse or dependencewarrants treatment, the director shall so order.  All costs for assessment andtreatment shall be paid by the respondent.

(e)  Alcohol and drug enforcement contacts thatoccurred prior to January 1, 2002, shall be counted in determining theadministrative revocation period.

(f)  The requirement to provide proof offinancial responsibility pursuant to section 287-20 shall not be based upon arevocation under subsection (b)(1). [L 2000, c 189, pt of §23; am L 2001, c157, §21; am L 2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c201, §5; am L 2007, c 198, §3; am L 2008, c 171, §6; am L 2009, c 88, §§5, 13,17(2)]

 

Case Notes

 

  Where implied consent form disclosed that defendant would bereferred for substance abuse assessment and would be held responsible for thecosts of that assessment and treatment, officer read the entire form todefendant, informed defendant of the consequences of refusing to take eitherthe blood or breath test, defendant agreed to take the breath test andinitialed each paragraph of the form, defendant was adequately informed of theconsequences of consenting to or refusing the test and of the requirements ofsubsection (f) that defendant complete any substance abuse treatment asrecommended by a counselor.  114 H. 396 (App.), 163 P.3d 199.