Chapter 291E — Chapter 291E

PART I. GENERAL PROVISIONS §291E-1 Definitions. As used in this chapter, unless the context otherwise requires: "Administrative revocation" means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to p…

PART II. TESTING AND IMPLIED CONSENT §291E-11 Implied consent of operator of vehicle to submit to testing to determine alcohol concentration and drug content. (a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State sha…

§291E-12 Persons qualified to take blood specimen. No person, other than a physician, physician assistant, registered nurse, or phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, or person licensed in a clinical laboratory occupa…

§291E-13 Additional tests. The person tested may choose any physician, physician assistant, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood and also may choose any qualified person to administer a test or tests in ad…

§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant …

§291E-16 REPEALED. L 2009, c 88, §§10, 17(1).

§291E-19 Authorization to establish intoxicant control roadblock programs. The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The …

§291E-21 Applicable scope of part; mandatory testing in the event of a collision resulting in injury or death. (a) Nothing in this part shall be construed to prevent a law enforcement officer from obtaining a sample of breath, blood, or urine, from the operator of any vehicle inv…

§291E-3 Evidence of intoxication. (a) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III: within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques …

PART III. ADMINISTRATIVE REVOCATION PROCESS §291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:

§291E-32 Criminal prosecution. (a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administra…

§291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures. (a) Whenever a person is arrested for a violation of section 291E-61 or 291E-61.5 on a determination by the arresting law enforcement officer that: the law enforcement officer shal…

§291E-34 Notice of administrative revocation; contents. (a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation: (b) The notice, when completed by the law enforcement of…

§291E-35 Immediate restoration of license. (a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or th…

§291E-36 Documents required to be submitted for administrative review; sworn statements. (a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the…

§291E-37 Administrative review; procedures; decision. (a) The director shall automatically review the issuance of a notice of administrative revocation and shall issue a written decision administratively revoking the license and privilege to operate a vehicle or rescinding the no…

§291E-38 Administrative hearing; procedure; decision. (a) If the director administratively revokes the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to review the decision within six d…

§291E-39 Fees and costs. The director may assess and collect a $30 fee from the respondent to cover the costs of processing the respondent's request for an administrative hearing. These costs include but shall not be limited to: the cost of photocopying documents; conditional lic…

§291E-4 Convictions and acts prior to January 1, 2002. (a) Any: shall be counted as a prior offense for purposes of section 291E-41, 291E-61, or 291E-61.5. (b) Any conviction of an offense under section 291-4, 291-4.4, 291-4.5, or 291-7 as those sections were in effect on Decembe…

§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 …

§291E-42 Notice to other states. When a nonresident's driving and boating privileges, and motor vehicle registration if applicable, are administratively revoked under this part, the director shall:

§291E-44 REPEALED. L 2009, c 88, §§11, 17(2).

§291E-44.5 Ignition interlock permits; driving for employment. (a) Except as provided in subsection (b), upon proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and obtained motor vehicle insurance or self-insurance that co…

§291E-45 Eligibility for relicensing and reregistration of motor vehicle. (a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall: (b) To be eligible for reregistration of a motor v…

§291E-46 Computation of time. The time in which any act provided in this part is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday, and then it also is excluded; provided that if the last day for …

§291E-48 Special motor vehicle registration. (a) Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section 291E-38(i), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor…

§291E-5 Ignition interlock user affordability. The director of transportation shall contract with the selected ignition interlock vendor to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and wh…

§291E-6 Ignition interlock devices; certification. (a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to i…

§291E-6.5 Continuous alcohol monitoring device; requirement; penalties. (a) Any person charged with a violation of section 291E-61 or 291E-61.5 as a result of having consumed alcohol: may be ordered to refrain from consuming any alcohol and submit to monitoring by a continuous al…

PART IV. PROHIBITED CONDUCT §291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (b) [Repeal and reen…

§291E-61.5 Habitually operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if: (b) Habitually operating a vehicle while under the influence of an intoxicant is a class C f…

§291E-62 Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pu…

§291E-63 Records of suspensions and revocations of operating privileges to be maintained. The court shall notify the department of land and natural resources of any sanctions imposed for offenses or violations under this part and the period of suspension or revocation of operator…

§291E-64 Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one. (a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may ar…

§291E-65 Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility. (a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit t…

§291E-7 Trauma system surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that: (b) The surcharge shall not be ordered when the court determines t…

§291E-8 Drug and alcohol toxicology testing laboratory special fund; established. (a) There is established in the state treasury a drug and alcohol toxicology testing laboratory special fund, into which shall be deposited: (b) Moneys in the drug and alcohol toxicology testing lab…