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22.0602 Administration of test-Refusal-Report.

Cite as [A.S.C.A. § 22.0602]

(a) A test shall be administered upon the request of a police officer having reasonable grounds to believe a person arrested to have been driving while under the influence of intoxicating liquor.

(b) If a person under arrest for driving a motor vehicle while under the influence of intoxicating liquor refuses to submit to a chemical test of his breath, blood, urine or saliva, and has been informed of the consequences of such refusal, as provided in 22.0608 and 22.0611, and of his rights as provided in 22.0604, no test may be given, but the police officer shall prepare a sworn report of the refusal and cause it to be delivered to the Office of the Administrative Law Judge.

(c) A report of a refusal to submit to a test shall disclose:

(1) whether the person, at the time he was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicating liquor;

(2) whether the police officer has reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicating liquor;

(3) whether the person refused to submit to a test;

(4) whether such person was informed of the consequences of his refusal to submit to the test; and

(5) whether such person was informed of his rights as provided in 22.0604.

History: 1972, PL 12-65 § 1, amd 2004, PL 28-17.