Prohibition. Prohibitions against operating under the influence are as follows:
A person may not operate or attempt to operate a recreational vehicle:
Penalties. A person who violates this section commits a Class D crime. In determining an appropriate sentence, refusal to submit to a chemical test must in every case be an aggravating factor. In the following cases the following minimum penalties apply.
A. In the case of a person having no previous convictions of a violation of subsection 1-A within the previous 6-year period, the fine may not be less than $400. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 10702, subsection 1, the fine may not be less than $500. A conviction under this paragraph must include a period of incarceration of not less than 48 hours, none of which may be suspended, when the person:
Administering chemical tests; test results; evidence; reporting; immunity
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. (For more detailed information see Title 12, chapter 911, subsection 10703.)
Regulations in red are new this year.
Purple text indicates an important note.