§291E-41 Effective date, conditions, and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit is extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44.5, no license to operate a vehicle shall be restored under any circumstances during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.
(b) Except as provided in paragraphs (4)(A)(ii) and (5) and in section 291E-44.5, the respondent shall keep an ignition interlock device installed and operating in all vehicles operated by the respondent during the revocation period. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device shall be at the respondent's expense. The periods of administrative revocation, with respect to a license to operate a vehicle, that shall be imposed under this part are as follows:
provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later.
(c) If a respondent has refused to be tested after being informed:
the revocation imposed under subsection (b)(1), (2), or (3) shall be for a period of two years, four years, or eight years, respectively.
(d) Whenever a license to operate a vehicle is administratively revoked under this part, the respondent shall be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the respondent's substance abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the respondent's substance abuse or dependence warrants treatment, the director shall so order. All costs for assessment and treatment shall be paid by the respondent.
(e) Alcohol and drug enforcement contacts that occurred prior to January 1, 2002, shall be counted in determining the administrative revocation period.
(f) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1). [L 2000, c 189, pt of §23; am L 2001, c 157, §21; am L 2002, c 113, §7; am L 2004, c 90, §11; am L 2006, c 64, §8 and c 201, §5; am L 2007, c 198, §3; am L 2008, c 171, §6; am L 2009, c 88, §§5, 13, 17(2); am L 2010, c 166, §15; am L 2012, c 327, §17; am L 2021, c 216, §4]