[§286-157.3] Revocation of privilege to drive a motor vehicle upon refusal to submit to drug testing. (a) If a person under arrest refuses to submit to a blood or urine test for the presence of drugs under section 286-151(d) or (e), none shall be given except as otherwise provided, but the arresting officer, as soon as practicable, shall submit an affidavit to a district court judge of the circuit in which the arrest was made, stating:
(1) That at the time of arrest, the arresting officer had probable cause to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways while under the influence of drugs;
(2) That the arrested person was informed of the sanctions of this section; and
(3) That the arrested person had refused to submit to a blood or urine test.
(b) Upon receipt of the affidavit, the district court judge shall hold a hearing, as provided in section 286-157.4, and shall determine whether the statements contained in the affidavit are true and correct. If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license, permit, or any nonresident operating privilege as follows:
(1) One year, if the arrestee's driving record shows no prior revocations under this section during the five years preceding the date of arrest;
(2) Two years, if the arrestee's driving record shows one prior drug enforcement contact under this section during the five years preceding the date of arrest;
(3) Four years, if the arrestee's driving record shows two prior drug enforcement contacts under this section during the seven years preceding the date of arrest; or
(4) For life, if the arrestee's driving record shows three or more prior drug enforcement contacts under this section during the ten years preceding the date of arrest.
(c) Whenever a license is revoked under this section, the offender shall be referred to a certified substance abuse counselor for an assessment of the offender's drug abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. If the counselor's assessment establishes that the extent of the offender's drug abuse or dependence warrants treatment, the court may order treatment. All costs for assessment and treatment shall be paid by the offender.
(d) Drug enforcement contacts that occurred prior to January 1, 1998, shall be counted in determining the revocation period.
(e) This section shall not preclude a finding under part XIV for failure to comply with section 286-151(b). [L 1997, c 103, pt of §1]