[§291E-41] Effective date and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit is extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44, no license and privilege to operate a vehicle shall be restored under any circumstances and no conditional permit shall be issued during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.
(b) The periods of administrative revocation that shall be imposed under this part are as follows:
(1) A minimum of three months up to a maximum of one year, if the respondent's record shows no prior alcohol or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;
(2) A minimum of one year up to a maximum of two years, if the respondent's record shows one prior alcohol or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued;
(3) A minimum of two years up to a maximum of four years, if the respondent's record shows two prior alcohol or drug enforcement contacts during the seven years preceding the date the notice of administrative revocation was issued;
(4) For life, if the respondent's record shows three or more prior alcohol or drug enforcement contacts during the ten years preceding the date the notice of administrative revocation was issued; or
(5) For respondents under the age of eighteen years who were arrested for a violation of section 291E-61, either for the period remaining until the respondent's eighteenth birthday or for the appropriate revocation period provided in paragraphs (1) to (4) or in subsection (c), if applicable, whichever is longer.
(c) If a respondent has refused to be tested after being informed of the sanctions of this part, the revocation imposed under subsection (b)(1), (2), and (3) shall be for a period of one year, two years, and four years, respectively.
(d) Whenever a license and privilege to operate a vehicle is administratively revoked under this part, the respondent shall be referred to a certified substance abuse counselor for an assessment of the respondent's substance abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the respondent's substance abuse or dependence warrants treatment, the director may so order. All costs for assessment and treatment shall be paid by the respondent.
(e) Alcohol and drug enforcement contacts that occurred prior to January 1, 2002 shall be counted in determining the administrative revocation period.
(f) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1). [L 2000, c 189, pt of §23]