| | | 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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