§291E-65  Refusal to submit to testing for
measurable amount of alcohol; district court hearing; sanctions; appeals;
admissibility.  [Section effective until December 31, 2010.  For section
effective on January 1, 2011, see below.]  (a)  If a person under arrest
for operating a vehicle after consuming a measurable amount of alcohol,
pursuant to section 291E‑64, refuses to submit to a breath or blood test,
none shall be given, except as provided in section 291E‑21, but the
arresting law enforcement officer, as soon as practicable, shall submit an
affidavit to a district judge of the circuit in which the arrest was made,
stating:



(1)  That at the time of the arrest, the arresting
officer had probable cause to believe the arrested person was under the age of
twenty-one and had been operating a vehicle upon a public way, street, road, or
highway or on or in the waters of the State with a measurable amount of
alcohol;



(2)  That the arrested person was informed that the
person may refuse to submit to a breath or blood test, in compliance with
section 291E-11;



(3)  That the person had refused to submit to a breath
or blood test;



(4)  That the arrested person was:



(A)  Informed of the sanctions of this
section; and then



(B)  Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and



(5)  That the arrested person continued to refuse to
submit to a breath or blood test.



(b)  Upon receipt of the affidavit, the
district judge shall hold a hearing within twenty days.  The district judge
shall hear and determine:



(1)  Whether the arresting law enforcement officer had
probable cause to believe that the person was under the age of twenty-one and
had been operating a vehicle upon a public way, street, road, or highway or on
or in the waters of the State with a measurable amount of alcohol;



(2)  Whether the person was lawfully arrested;



(3)  Whether the person was informed that the person
may refuse to submit to a breath or blood test, in compliance with section
291E-11;



(4)  Whether the person refused to submit to a test of
the person's breath or blood;



(5)  Whether the person was:



(A)  Informed of the sanctions of this section;
and then



(B)  Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and



(6)  Whether the person continued to refuse to submit
to a breath or blood test.



(c)  If the district judge finds the statements
contained in the affidavit are true, the judge shall suspend the arrested
person's license and privilege to operate a vehicle as follows:



(1)  For a first suspension, or any suspension not
preceded within a five-year period by a suspension under this section, for a
period of twelve months; and



(2)  For any subsequent suspension under this section,
for a period not less than two years and not more than five years.



(d)  An order of a district court issued under
this section may be appealed to the supreme court.



(e)  If a legally arrested person under the age
of twenty-one refuses to submit to a test of the person's breath or blood, 
proof of refusal shall be admissible only in a hearing under this section or
part III and shall not be admissible in any other action or proceeding, whether
civil or criminal. [L 2000, c 189, pt of §23; am L 2001, c 157, §29; am L 2006,
c 64, §9]



 



 



§291E-65  Refusal to submit to testing for
measurable amount of alcohol; district court hearing; sanctions; appeals;
admissibility.  [Section effective on January 1, 2011.  For section
effective until December 31, 2010, see above.]  (a)  If a person under
arrest for operating a vehicle after consuming a measurable amount of alcohol,
pursuant to section 291E-64, refuses to submit to a breath or blood test, none
shall be given, except as provided in section 291E-21, but the arresting law
enforcement officer, as soon as practicable, shall submit an affidavit to a
district judge of the circuit in which the arrest was made, stating:



(1)  That at the time of the arrest, the arresting
officer had probable cause to believe the arrested person was under the age of
twenty-one and had been operating a vehicle upon a public way, street, road, or
highway or on or in the waters of the State with a measurable amount of
alcohol;



(2)  That the arrested person was informed that the
person may refuse to submit to a breath or blood test, in compliance with
section 291E-11;



(3)  That the person had refused to submit to a breath
or blood test;



(4)  That the arrested person was:



(A)  Informed of the sanctions of this section;
and then



(B)  Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and



(5)  That the arrested person continued to refuse to
submit to a breath or blood test.



(b)  Upon receipt of the affidavit, the
district judge shall hold a hearing within twenty days.  The district judge
shall hear and determine:



(1)  Whether the arresting law enforcement officer had
probable cause to believe that the person was under the age of twenty-one and
had been operating a vehicle upon a public way, street, road, or highway or on
or in the waters of the State with a measurable amount of alcohol;



(2)  Whether the person was lawfully arrested;



(3)  Whether the person was informed that the person
may refuse to submit to a breath or blood test, in compliance with section
291E-11;



(4)  Whether the person refused to submit to a test of
the person's breath or blood;



(5)  Whether the person was:



(A)  Informed of the sanctions of this section;
and then



(B)  Asked if the person still refuses to
submit to a breath or blood test, in compliance with the requirements of
section 291E-15; and



(6)  Whether the person continued to refuse to submit
to a breath or blood test.



(c)  If the district judge finds the statements
contained in the affidavit are true, the judge shall suspend the arrested
person's license and privilege to operate a vehicle as follows:



(1)  For a first suspension, or any suspension not
preceded within a five-year period by a suspension under this section, for a
period of twelve months; and



(2)  For any subsequent suspension under this section,
for a period not less than two years and not more than five years.



(d)  An order of a district court issued under
this section may be appealed to the supreme court. [L 2000, c 189, pt of §23;
am L 2001, c 157, §29; am L 2006, c 64, §9; am L 2009, c 88, §§7, 17(1)]