[§291E-33] Probable cause determination; issuance of notice of administrative revocation; procedures. (a) Whenever a person is arrested for a violation of section 291E-61 on a determination by the arresting law enforcement officer that:
(1) There was reasonable suspicion to stop the vehicle or the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E-19 and 291E-20; and
(2) There was probable cause to believe that the person was operating the vehicle while under the influence of an intoxicant;
the law enforcement officer immediately shall take possession of any license held by the person and request the person to take a test for concentration of alcohol in the blood, in the case of an alcohol related offense, or a test for drug content in the blood or urine, in the case of a drug related offense. The law enforcement officer shall inform the person that, in the case of an alcohol related offense, the person shall elect to take a breath test or a blood test, or both, pursuant to section 291E-11. In the case of a drug related offense, the person shall elect to take a blood test or a urine test, or both, pursuant to section 291E-11. The law enforcement officer also shall inform the person of the sanctions under this part, including the sanction for refusing to take a breath, blood, or urine test. Thereafter, the law enforcement officer shall complete and issue to the person a notice of administrative revocation and shall indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit, unless, at the time of arrest: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession.
(b) Whenever a law enforcement officer determines that, as the result of a blood or urine test performed pursuant to section 291E-21(b) or (c), there is probable cause to believe that a person being treated in a hospital or medical facility has violated section 291E-61, the law enforcement officer immediately shall take possession of any license held by the person and shall complete and issue to the person a notice of administrative revocation and indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit unless, at the time the notice was issued: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession. [L 2000, c 189, pt of §23]