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Session Laws, 1989
Volume 771, Page 2337   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 284

and after being informed of the administrative penalties that
shall be imposed for refusal.]

(3) IF THE PERSON REFUSES TO TAKE THE TEST OR TESTS
OR TAKES A TEST FOR ALCOHOL WHICH RESULTS IN AN ALCOHOL
CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING, THE POLICE
OFFICER SHALL:

THIS STATE;

(I) CONFISCATE THE DRIVER'S LICENSE ISSUED BY

(II)  ACTING ON BEHALF OF THE ADMINISTRATION,
PERSONALLY SERVE AN ORDER OF SUSPENSION ON THE PERSON;

(III)  ISSUE A TEMPORARY LICENSE TO DRIVE;

(IV)   INFORM THE PERSON THAT THE TEMPORARY
LICENSE ALLOWS THE PERSON TO CONTINUE DRIVING FOR 45 DAYS IF THE
PERSON IS LICENSED UNDER THIS TITLE;

(V)   INFORM THE PERSON THAT THE PERSON HAS 7
10 DAYS IN WHICH TO REQUEST A HEARING TO SHOW CAUSE WHY THE
DRIVER'S LICENSE SHOULD NOT BE SUSPENDED CONCERNING THE REFUSAL
TO TAKE A TEST OR TESTS FOR ALCOHOL OR DRUGS OR BOTH OR FOR AN
ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE TIME OF TESTING;

(VI)  ADVISE THE PERSON OF THE ADMINISTRATIVE
SANCTIONS THAT SHALL BE IMPOSED IN THE EVENT OF FAILURE TO
REQUEST A HEARING, FAILURE TO ATTEND A REQUESTED HEARING, OR UPON
AN ADVERSE FINDING BY. THE HEARING OFFICER; AND

(VII)  WITHIN 72 HOURS AFTER THE ISSUANCE OF THE
ORDER OF SUSPENSION, SEND ANY CONFISCATED DRIVER'S LICENSE, COPY
OF THE SUSPENSION ORDER, AND A SWORN STATEMENT TO THE
ADMINISTRATION, THAT STATES:

1.  THE OFFICER HAD REASONABLE GROUNDS TO
BELIEVE THAT THE PERSON HAD BEEN DRIVING OR ATTEMPTING TO DRIVE A
MOTOR VEHICLE ON A HIGHWAY OR ON ANY PRIVATE PROPERTY THAT IS
USED BY THE PUBLIC IN GENERAL IN THIS STATE WHILE INTOXICATED,
WHILE UNDER THE INFLUENCE OF ALCOHOL, WHILE UNDER THE INFLUENCE
OF DRUBS OR DRUGS AND ALCOHOL, WHILE UNDER THE INFLUENCE OF A
CONTROLLED DANGEROUS SUBSTANCE, OR IN VIOLATION OF AN ALCOHOL
RESTRICTION;

2.  THE PERSON REFUSED TO TAKE THE TEST
FOR ALCOHOL OR TEST FOR DRUGS OR BOTH WHEN REQUESTED BY THE
POLICE OFFICER OR THE PERSON SUBMITTED TO THE TEST FOR ALCOHOL
WHICH INDICATED AN ALCOHOL CONCENTRATION OF 0.10 OR MORE AT THE
TIME OF TESTING; AND

3. THE PERSON WAS FULLY ADVISED OF THE
ADMINISTRATIVE SANCTIONS THAT SHALL BE IMPOSED.

- 2337 -

 

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Session Laws, 1989
Volume 771, Page 2337   View pdf image
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