| Any alternatives defined in subsection 1 may be pleaded in the | alternative.__The State may, but is not required to, elect an | alternative prior to submission to the fact finder. |
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| For purposes of this subsection, a prior conviction has occurred | within the 6-year period if the date of docket entry by the clerk | of a judgment of conviction or adjudication is 6 years or less | from the date of the new conduct that is penalized or for which | the penalty is or may be enhanced. |
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| In determining the appropriate sentence, the court shall consider | the defendant's record of convictions for hunting under the | influence or operating a snowmobile, all-terrain vehicle or | watercraft while under the influence of intoxicating liquor or | drugs and for failure to comply with the duty to submit.__The | court may rely upon oral representations based on records | maintained by the courts, by the Department of Public Safety, | State Bureau of Identification; by the Secretary of State, | including telecommunications of records maintained by the | Secretary of State; or by the department.__If the defendant | disputes the accuracy of any representation concerning a | conviction or adjudication, the court shall grant a continuance | for the purposes of determining the accuracy of the record. |
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| References in this Title to this subsection are deemed to refer | to the juvenile crime stated in Title 15, section 3103, | subsection 1, paragraph E and to the disposition, including a | suspension, for that juvenile crime as provided in Title 15, | section 3314, subsection 3, except as otherwise provided or when | the context clearly requires otherwise. |
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| | 1.__Duty to submit.__The following persons have a duty to | submit to chemical testing. |
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| A.__A person who operates or attempts to operate a | watercraft within this State has the duty to submit to a | test to determine that person's blood-alcohol level by | analysis of blood or breath if there is probable cause to | believe that person has operated or attempted to operate a | watercraft while under the influence of intoxicating liquor.__ | The duty to submit to a blood-alcohol test includes the duty | to complete either a blood or breath test.__Tests and | procedures applicable in determining whether a person is | under the influence are governed by section 10703. |
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| B.__A person who hunts wild animals or wild birds or | operates or attempts to operate a snowmobile or ATV within | this State has a duty to submit to a test to determine that |
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