LD 1600
pg. 77
Page 76 of 361 PUBLIC Law Chapter 414 Page 78 of 361
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LR 2121
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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;

 
reporting; immunity

 
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,


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