§286-257 Sworn statements of law enforcement officials. (a) Whenever a person is arrested for a violation of section 291-4 or 291-4.4 and submits to a test that establishes that the arrestee's alcohol concentration was .08 or more; or has been involved in a collision resulting in injury or death, and a blood test performed pursuant to section 286-163 establishes that the person's alcohol concentration was .08 or more, the following shall be immediately forwarded to the director:
(1) A copy of the arrest report or the report of the officer who issued the notice of administrative revocation to the person involved in a collision resulting in injury or death and the sworn statement of the arresting officer or the officer who issued the notice of administrative revocation stating facts that establish that:
(A) There was reasonable suspicion to stop the motor vehicle, the motor vehicle was stopped at an intoxication and drug control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6, or the person was tested pursuant to section 286-163;
(B) There was probable cause to believe that the arrestee had been driving, operating, or in actual physical control of the motor vehicle while under the influence of intoxicating liquor;
(C) The arrestee was informed of the sanctions of this part, that criminal charges may be filed, and the consequences of refusing to be tested for alcohol concentration; and
(D) The arrestee agreed to be tested or the person was tested pursuant to section 286-163;
(2) The sworn statement of the person responsible for maintenance of the testing equipment stating facts that establish that pursuant to section 321-161 and rules adopted thereunder:
(A) The equipment used to conduct the test was approved for use as an alcohol testing device in this State;
(B) The person had been trained and at the time the test was conducted was certified and capable of maintaining the testing equipment; and
(C) The testing equipment used had been properly maintained and was in good working condition when the test was conducted;
(3) The sworn statement of the person who conducted the test stating facts that establish that pursuant to section 321-161 and rules adopted thereunder:
(A) The person was trained and at the time the test was conducted was certified and capable of operating the testing equipment;
(B) The person followed the procedures established for conducting the test;
(C) The equipment used to conduct the test functioned in accordance with operating procedures and indicated that the person's alcohol concentration was at, or above, the prohibited level; and
(D) The person whose breath or blood was tested was the person arrested;
(4) A copy of the notice of administrative revocation issued to the arrestee;
(5) Any driver's license and motor vehicle registration and license plates, if applicable, taken into possession by the arresting officer; and
(6) A listing of any prior alcohol enforcement contacts involving the arrestee.
(b) Whenever a person is arrested for a violation of section 291-4 or 291-4.4 and refuses to submit to a test to determine alcohol concentration, the following shall be immediately forwarded to the director:
(1) A copy of the arrest report and the sworn statement of the arresting officer stating facts that establish that:
(A) There was reasonable suspicion to stop the motor vehicle or the motor vehicle was stopped at an intoxication control roadblock established and operated in compliance with sections 286-162.5 and 286-162.6;
(B) There was probable cause to believe that the arrestee had been driving, operating, or in actual physical control of the motor vehicle while under the influence of intoxicating liquor;
(C) The arrestee was informed of the sanctions of this part, that criminal charges may be filed, and the probable consequences of refusing to be tested for concentration of alcohol in the blood; and
(D) The arrestee refused to be tested;
(2) A copy of the notice of administrative revocation and the temporary driver's permit and temporary motor vehicle registration, if applicable, issued to the arrestee;
(3) Any driver's license and motor vehicle registration and license plates, if applicable, taken into possession; and
(4) A listing of all alcohol enforcement contacts involving the arrestee. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §9; am L 1995, c 226, §4; am L 1998, c 84, §6 and c 85, §3; am L 2000, c 189, §12]