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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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