Section 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 to a breath or blood test, none shall be given, except as provided in section 291E-21, but the arresting law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating: (1) That at the time of the arrest, the arresting officer had probable cause to believe the arrested person was under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol;(2) That the arrested person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11;(3) That the person had refused to submit to a breath or blood test;(4) That the arrested person was:(A) Informed of the sanctions of this section; and then(B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and(5) That the arrested person continued to refuse to submit to a breath or blood test.(b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine: (1) Whether the arresting law enforcement officer had probable cause to believe that the person was under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol;(2) Whether the person was lawfully arrested;(3) Whether the person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11;(4) Whether the person refused to submit to a test of the person's breath or blood;(5) Whether the person was: (A) Informed of the sanctions of this section; and then(B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and(6) Whether the person continued to refuse to submit to a breath or blood test.(c) If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license and privilege to operate a vehicle as follows: (1) For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of twelve months; and(2) For any subsequent suspension under this section, for a period not less than two years and not more than five years.(d) An order of a district court issued under this section may be appealed to the supreme court. L 2000, c 189 , pt of §23; am L 2001, c 157, §29; am L 2006, c 64, §9; am L 2009, c 88, ( 1 ) §§7, 17 .