LD 1600
pg. 77
Page 76 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 78 of 360
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LR 2121
Item 1

 
(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,
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.

 
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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