| | | (1)__Who has probable cause to believe that the person | | operated or attempted to operate a watercraft while | | under the influence of intoxicating liquor; or |
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| | | (2)__When the person was the operator of a watercraft | | involved in a watercraft accident that results in the | | death of any person, as provided in section 10703, | | subsection 11. |
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| | | B.__A person may not refuse to submit to or fail to complete | | a blood-alcohol or drug concentration test, or both, when | | requested to do so by a law enforcement officer who has | | probable cause to believe that the person hunted while under | | the influence or operated or attempted to operate an ATV or | | a snowmobile while under the influence of intoxicating | | liquor or drugs. |
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| | | 3.__Penalties.__A person who violates this section commits a | | civil violation for which a forfeiture of up to $500 may be | | adjudged. |
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| | | §10703.__Administering chemical tests; test results; evidence; |
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| | | 1.__Blood or breath test.__If the law enforcement officer has | | probable cause to believe a person hunted wild animals or wild | | birds or operated or attempted to operate a watercraft, | | snowmobile or ATV__while under the influence of intoxicating | | liquor, then the officer shall inform the person that a breath | | test will be administered, unless, in the determination of the | | officer, it is unreasonable for a breath test to be administered, | | in which case a blood test must be administered.__When a blood | | test is required, the test may be administered by a physician of | | the accused's choice, at the request of the accused and if | | reasonably available.__The law enforcement officer may determine | | which type of breath test, as described in subsection 5, will be | | administered. |
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| | | 2.__Prerequisites to tests.__Before any test is given, the law | | enforcement officer shall inform the person to be tested of the | | consequences of refusing to comply with the test.__If the person | | fails to comply with the duty to submit to and complete the | | requested chemical tests at the direction of the law enforcement | | officer, that person is committing a civil violation for which | | the person may be required to pay a civil forfeiture of up to | | $500.__The officer shall also inform the person that the failure | | to comply with the duty to submit to a chemical test is | | admissible in evidence against that person at any trial for | | hunting or operating under the influence of intoxicating liquor | | or drugs or a combination of liquor and drugs. |
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