(A) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this city shall be deemed to have given consent, subject to the provisions of § 75.0025 to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, or combination thereof content of the person's blood if arrested, as evidenced by the issuance of a uniform traffic ticket, for any offense as defined in § 75.001. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered by their enforcement personnel.
(B) Any person who is dead, unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by division (A) above and the test or tests may be administered, subject to the provisions of § 75.0025.
(C) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in suspension of the person's license to operate a motor vehicle for 6 months for the first such arrest and refusal and a suspension of the privilege for 12 months for the second and each subsequent arrest and refusal within 5 years. Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the law enforcement agency as provided in division (A) above, none shall be given, but the law enforcement officer shall file with the clerk of the circuit court for the county in which the arrest was made, a sworn statement naming the person refusing to take and complete the test or tests requested under the provisions of this section. The sworn statement shall identify the arrested person, the person's driver's license number and current residence address and shall specify that a refusal by the person to take the test or tests was made. The sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within this city while under the influence of alcohol, other drug, or combination thereof, and that the test was made as an incident to and following the lawful arrest for an offense as defined in § 75.001. The statement shall also specify that the person, after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of a motor vehicle, refused to submit to and complete a test or tests as requested by the law enforcement officer.
(D) The clerk shall thereupon notify the person in writing that the person's privilege to operate a motor vehicle will be suspended unless, within 28 days from the date of mailing of the notice, the person shall request in writing a hearing thereon; if the person desires a hearing, the person shall file a complaint in the circuit court for and in the county in which the person was arrested for the hearing. The hearing shall proceed in the court in the same manner as other civil proceedings, shall cover only the issues of whether the person was placed under arrest for an offense as defined in § 75.001 was evidenced by the issuance of a uniform traffic ticket; whether the arresting officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcohol, other drug, or combination thereof; and whether the person refused to submit and complete the test or tests upon the request of the law enforcement officer. Whether the person as informed that the person's privilege to drive would be suspended if the person refused to submit to the test or tests shall not be an issue.
(E) Immediately upon the termination of the court proceedings, the clerk shall notify the secretary of state of the court's decision. The secretary of state shall thereupon suspend the driver's license, the privilege of driving a motor vehicle on highways of this city given to a nonresident, or the privilege which an unlicensed person might have to obtain a license under the Driver's License Act, of the arrested person if that is the decision of the court. If the court recommends that the person be given a restricted driving permit to prevent undue hardship, the clerk shall report that fact to the secretary of state.
(Ord. 6888, passed 1-5-82)