§291E-15 - Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings.
§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. [Section effective January 1, 2011. For section effective until December 31, 2010, see main volume.] If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:
(1) Inform the person under arrest of the sanctions under section 291E-41 or 291E-65; and
(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;
provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV. [L 2000, c 189, pt of §23; am L 2006, c 64, §2; am L 2009, c 88, §§4, 17(1)]