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HUNTING AND OPERATING UNDER THE INFLUENCE |
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| §10701.__Hunting under the influence; operating watercraft, |
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| snowmobile or ATV under the influence |
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| | 1.__Prohibition.__A person may not hunt wild animals or wild | birds or operate or attempt to operate a watercraft, snowmobile | or ATV: |
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| A.__While under the influence of intoxicating liquor or | drugs or a combination of liquor and drugs; |
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| B.__For a person 21 years of age or older, while having | 0.08% or more by weight of alcohol in that person's blood; | or |
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| C.__For a person less than 21 years of age, while having any | amount of alcohol in the blood. |
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| | 2.__Possession of hunting equipment while intoxicated.__The | possession of hunting equipment in the fields or forests or on | the waters or ice in the State by a person while under the | influence of intoxicating liquor or drugs is prima facie evidence | that the possessor is in violation of subsection 1. |
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| | 3.__Penalties.__A person who violates this section commits a | Class D crime.__In determining an appropriate sentence, refusal | to submit to a chemical test must in every case be an aggravating | factor.__In the following cases the following minimum penalties | apply. |
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| A.__In the case of a person having no previous convictions | of a violation of subsection 1 within the previous 6-year | period, the fine may not be less than $400.__If that person | was adjudicated within the previous 6-year period for | failure to comply with the duty to submit to and complete a | blood-alcohol test under section 10702, subsection 1, the | fine may not be less than $500.__A conviction under this | paragraph must include a period of incarceration of not less | than 48 hours, none of which may be suspended, when the | person: |
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| (1)__Was tested as having a blood-alcohol level of | 0.15% or more; |
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| (2)__Failed or refused to stop upon request or signal | of an officer in uniform, pursuant to section 6953 or | 10651, during the operation that resulted in | prosecution for operating under the influence or with a | blood-alcohol level of 0.08% or more; or |
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