§291E-41 - Effective date and period of administrative revocation; criteria.

§291E-41 Effective date and period of
administrative revocation; criteria. [Section effective until December
31, 2010. For section effective January 1, 2011, see below.] (a) Unless
an administrative revocation is reversed or the temporary permit, and temporary
motor vehicle registration and temporary number plates if applicable, are
extended by the director, administrative revocation shall become effective on
the day specified in the notice of administrative revocation. Except as
provided in section 291E-44, no license and privilege to operate a vehicle, nor
motor vehicle registration and number plates if applicable, shall be restored
under any circumstances, and no conditional license permit shall be issued
during the administrative revocation period. Upon completion of the
administrative revocation period, the respondent may reapply and be reissued a
license pursuant to section 291E-45.

(b) The periods of administrative revocation
with respect to a license and privilege to operate a vehicle, and motor vehicle
registration if applicable, that shall be imposed under this part are as
follows:

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

(2) For a respondent who is a highly intoxicated
driver, if the respondent's record shows no prior alcohol enforcement contact
or drug enforcement contact during the five years preceding the date the notice
of administrative revocation was issued, a minimum of six months up to a
maximum of one year revocation of license and privilege to operate a vehicle
and of the registration of any motor vehicle registered to the highly
intoxicated driver; provided that the highly intoxicated driver shall not
qualify for a conditional license permit under section 291E‑44;

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

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

(5) Lifetime revocation of license and privilege to
operate a vehicle and of the registration of any motor vehicle registered to
the respondent and a lifetime prohibition on any subsequent registration of
motor vehicles by the respondent, if the respondent's record shows three or
more prior alcohol enforcement contacts or drug enforcement contacts during the
ten years preceding the date the notice of administrative revocation was
issued; or

(6) For respondents under the age of eighteen years
who 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 period
remaining until the respondent's eighteenth birthday or, if applicable, for the
appropriate revocation period provided in paragraphs (1) to (5) or in
subsection (d), whichever is longer and such respondents shall not qualify for
a conditional permit;

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

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

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

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

(2) Of the sanctions of this part and then asked if
the person still refuses to submit to a breath, blood, or urine test, in
compliance 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 a
lifetime, respectively.

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

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

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

shall be revoked for the periods specified in
subsection (d), and the respondent shall be prohibited from subsequently
registering any motor vehicle for the applicable revocation period.

(f) Whenever a license and privilege to
operate a vehicle is administratively revoked under this part, the respondent
shall be referred to the driver's education program for an assessment, by a
certified substance abuse counselor, of the respondent's substance abuse or
dependence and the need for treatment. The counselor shall submit a report
with recommendations to the director. If the counselor's assessment
establishes that the extent of the respondent's substance abuse or dependence
warrants treatment, the director shall so order. All costs for assessment and
treatment shall be paid by the respondent.

(g) Alcohol and drug enforcement contacts that
occurred prior to January 1, 2002, shall be counted in determining the
administrative revocation period.

(h) The requirement to provide proof of
financial responsibility pursuant to section 287-20 shall not be based upon a revocation
under subsection (b)(1). [L 2000, c 189, pt of §23; am L 2001, c 157, §21; am L
2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c 201, §5; am L
2007, c 198, §3]

§291E-41 Effective date, conditions, and
period of administrative revocation; criteria. [Section effective on January
1, 2011. For section effective until December 31, 2010, see above.] (a)
Unless an administrative revocation is reversed or the temporary permit is
extended by the director, administrative revocation shall become effective on
the day specified in the notice of administrative revocation. Except as
provided in section 291E-44, no license and privilege to operate a vehicle
shall be restored under any circumstances during the administrative revocation
period. Upon completion of the administrative revocation period, the
respondent may reapply and be reissued a license pursuant to section 291E-45.

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

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

(2) An eighteen month revocation of license and
privilege to operate a vehicle, if the respondent's record shows one prior
alcohol enforcement contact or drug enforcement contact during the five years
preceding the date the notice of administrative revocation was issued;

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

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

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

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

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

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

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

(2) Of the sanctions of this part and then asked if
the person still refuses to submit to a breath, blood, or urine test, in
compliance 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, and
ten years, respectively.

(d) Whenever a license and privilege to
operate a vehicle is administratively revoked under this part, the respondent
shall be referred to the driver's education program for an assessment, by a
certified substance abuse counselor, of the respondent's substance abuse or
dependence and the need for treatment. The counselor shall submit a report
with recommendations to the director. If the counselor's assessment
establishes that the extent of the respondent's substance abuse or dependence
warrants treatment, the director shall so order. All costs for assessment and
treatment shall be paid by the respondent.

(e) Alcohol and drug enforcement contacts that
occurred prior to January 1, 2002, shall be counted in determining the
administrative revocation period.

(f) The requirement to provide proof of
financial responsibility pursuant to section 287-20 shall not be based upon a
revocation under subsection (b)(1). [L 2000, c 189, pt of §23; am L 2001, c
157, §21; am L 2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c
201, §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 be
referred for substance abuse assessment and would be held responsible for the
costs of that assessment and treatment, officer read the entire form to
defendant, informed defendant of the consequences of refusing to take either
the blood or breath test, defendant agreed to take the breath test and
initialed each paragraph of the form, defendant was adequately informed of the
consequences of consenting to or refusing the test and of the requirements of
subsection (f) that defendant complete any substance abuse treatment as
recommended by a counselor. 114 H. 396 (App.), 163 P.3d 199.