| person's blood-alcohol level or drug concentration by | analysis of blood, breath or urine if there is probable | cause to believe that the person is hunting wild animals or | wild birds or operating or attempting to operate a | snowmobile or ATV while under the influence of intoxicating | liquor or drugs.__The duty to submit to a blood-alcohol or | drug concentration test includes the duty to complete either | a blood, breath or urine test, or any combination of those | tests.__Tests and procedures for determining whether a | person is under the influence of intoxicating liquor or | drugs are governed by section 10703. |
|
| | 2.__Failure to comply with duty to submit. This subsection | applies to a person refusing to submit to chemical testing. |
|
| A.__A person may not refuse to submit to or fail to complete | a blood-alcohol test when requested to do so by a law | enforcement officer: |
|
| (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 |
|
| (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. |
|
| 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. |
|
| | 3.__Penalties.__A person who violates this section commits a | civil violation for which a forfeiture of up to $500 may be | adjudged. |
|
| §10703.__Administering chemical tests; test results; evidence; |
|
| | 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, |
|
|