| | | in which case a blood test must be administered.__When a blood | | test is required, the test may be administered by a physician of | | the accused's choice, at the request of the accused and if | | reasonably available.__The law enforcement officer may determine | | which type of breath test, as described in subsection 5, will be | | administered. |
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| | | 2.__Prerequisites to tests.__Before any test is given, the law | | enforcement officer shall inform the person to be tested of the | | consequences of refusing to comply with the test.__If the person | | fails to comply with the duty to submit to and complete the | | requested chemical tests at the direction of the law enforcement | | officer, that person is committing a civil violation for which | | the person may be required to pay a civil forfeiture of up to | | $500.__The officer shall also inform the person that the failure | | to comply with the duty to submit to a chemical test is | | admissible in evidence against that person at any trial for | | hunting or operating under the influence of intoxicating liquor | | or drugs or a combination of liquor and drugs. |
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| | | Test results may not be excluded as evidence in any proceeding | | before any administrative officer or court of this State as a | | result of the failure of the law enforcement officer to comply | | with these prerequisites.__The only effects of the failure of the | | officer to comply with the prerequisites are as provided in | | subsection 7. |
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| | | 3.__Results of test.__Upon the request of the person who | | submits to a chemical test or tests at the request of a law | | enforcement officer, full information concerning the test or | | tests must be made available to that person or that person's | | attorney by the law enforcement officer. |
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| | | 4.__Blood-alcohol level.__The following percentages by weight | | of alcohol in the defendant's blood have the following | | evidentiary effect. |
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| | | A.__If there was, at the time alleged, 0.05% or less by | | weight of alcohol in the blood of a defendant who was 21 | | years of age or older at the time of arrest, it is prima | | facie evidence that the defendant was not under the | | influence of intoxicating liquor. |
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| | | B.__If there was, at the time alleged, in excess of 0.05% | | but less than 0.08% by weight of alcohol in the blood of a | | defendant who was 21 years of age or older at the time of | | the arrest, it is relevant evidence, but it is not to be | | given prima facie effect in indicating whether or not the | | defendant was under the influence of intoxicating liquor | | within the meaning of this section, but that fact may be |
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