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1419
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HARRY HUGHES, Governor
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for alcohol. However, the detaining officer shall advise him
that on receipt of a sworn statement from the officer that the
driver was so charged and refused to take a chemical test for
alcohol, the Administration shall:
(i) In the case of a driver licensed under this
title, suspend his driver's license for a period of not less than
60 days nor more than 6 months; or
(ii) In the case of a nonresident or unlicensed
driver, suspend the person's driving privilege for a period of
not less than 60 days nor more than 6 months.
(2) Except as provided in subsection (c) of this
section, if a police officer stops or detains any individual who
the police officer has reasonable grounds to believe is or has
been driving or attempting to drive a motor vehicle while
intoxicated or while under the influence of alcohol and who is
not unconscious or otherwise incapable of refusing to take a
chemical test for alcohol, the police officer shall:
(i) Detain the individual;
(ii) Request that the individual permit a
chemical test to be taken of the individual's blood or breath to
determine the alcoholic content of the individual's blood;
(iii) Advise the individual of the
administrative penalties that shall be imposed for refusal to
take the test; and
(iv) If the individual refuses to take the
test, [file with the Administration, within 48 hours after
detention, a sworn report that] SEND A SWORN REPORT TO THE
ADMINISTRATION WITHIN 72 HOURS AFTER DETENTION, THAT STATES:
1. The officer had reasonable grounds to
believe that the individual 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 or while under the influence of alcohol; and
2. The individual refused to take the
chemical test for alcohol when requested by the police officer
and after being informed of the administrative penalties that
shall be imposed for refusal.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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