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§47-753.


§47-753.
   
   If a conscious person under arrest refuses to submit to testing of his
   or her blood or breath for the purpose of determining the alcohol
   concentration thereof, or to a test of his or her blood, saliva or
   urine for the purpose of determining the concentration of any other
   intoxicating substance, or the combined influence of alcohol and any
   other intoxicating substance, none shall be given, unless the
   investigating officer has probable cause to believe that the person
   under arrest, while intoxicated, has operated the motor vehicle in
   such a manner as to have caused the death or serious physical injury
   of any other person or persons. In such event, such test otherwise
   authorized by law may be made in the same manner as if a search
   warrant had been issued for such test or tests. The sample shall be
   taken in a medically acceptable manner at a hospital or other suitable
   health care facility. The Commissioner of Public Safety, upon the
   receipt of a sworn report of the law enforcement officer that the
   officer had reasonable grounds to believe the arrested person had been
   driving or was in actual physical control of a motor vehicle upon the
   public roads, highways, streets, turnpikes or other public place of
   this state while under the influence of alcohol, any other
   intoxicating substance, or the combined influence of alcohol and any
   other intoxicating substance and that the person had refused to submit
   to the test or tests, shall revoke the license to drive and any
   nonresident operating privilege for a period as provided by Section
   6-205.1 of this title. If the person is a resident or a nonresident
   without a license or permit to operate a motor vehicle in this state,
   the Commissioner of Public Safety shall deny to the person the
   issuance of a license or permit for a period as provided by Section
   6-205.1 of this title subject to a review as provided in Section 754
   of this title. The revocation or denial shall become effective thirty
   (30) days after the arrested person is given written notice thereof by
   the officer or by the Department as provided in Section 754 of this
   title.
   

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