-- Warning, report. (1) (a) An individual operating a motor vehicle in this state consents to a chemical test or tests of the individual's breath, blood, urine, or oral fluids to determine whether the individual was operating or in actual physical control of a motor vehicle: (i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, or 53-3-231; (ii) under the influence of alcohol, a drug, or combination of alcohol and a drug under Section 41-6a-502; or (iii) having any measurable controlled substance or metabolite of a controlled substance in the individual's body in violation of Section 41-6a-517. (b) A peace officer having reasonable suspicion to believe that an individual was operating or was in actual physical control of a motor vehicle in violation of an offense described in Subsections (1)(a)(i) through (iii) shall direct that a test be administered as authorized in Subsection (1). (c) (i) A peace officer determines which of the tests are administered and how many tests are administered. (ii) If a peace officer requests more than one test, refusal by an individual to take one or more requested tests, even if the individual submits to another requested test or tests, is a refusal under this section. (d) (i) An individual who has been requested under this section to submit to a chemical test or tests of the individual's breath, blood, or urine, or oral fluids may not select the test or tests to be administered. (ii) The failure or inability of a peace officer to arrange for a specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in a criminal, civil, or administrative proceeding resulting from an individual's refusal to submit to the requested test or tests. (2) (a) A peace officer requesting a test or tests shall warn an individual that refusal to submit to the test or tests may result in criminal prosecution, revocation of the individual's license to operate a motor vehicle, a five-year or 10-year prohibition of driving with a measurable or detectable amount of alcohol in the individual's body depending on the individual's driving history, and a two-year prohibition of driving without an ignition interlock device if the individual: (i) has been placed under arrest; (ii) has then been requested by a peace officer to submit to one or more of the chemical tests under Subsection (1); and (iii) refuses to submit to a chemical test requested. (b) (i) A peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the individual's privilege or license to operate a motor vehicle if, following the warning described in Subsection (2)(a), the individual does not immediately request that a chemical test or tests be administered as offered by a peace officer. (ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division. (c) As a matter of procedure, a peace officer shall submit a signed report, within 10 calendar days after the day on which notice is provided under Subsection (2)(b), that: (i) the peace officer had grounds to believe the arrested individual was in violation of a provision under Subsections (1)(a)(i) through (iii); and (ii) the individual had refused to submit to a chemical test or tests under Subsection (1). (3) If an individual who was tested requests so, the results of the test or tests shall be made available to the individual. (4) (a) The individual to be tested may, at the individual's own expense, have a physician or a physician assistant of the individual's own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer. (b) The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer. (c) The additional test shall be after the test or tests administered at the direction of a peace officer. (5) An individual being asked to submit to a chemical test or tests does not have the right to consult an attorney or have an attorney, physician, or other individual present for the purpose of determining whether to submit to a chemical test or tests. (6) Notwithstanding the provisions in this section, a blood test taken under this section is subject to Section 77-23-213. (7) If a peace officer investigating a motor vehicle accident resulting in the death of an individual believes there is insufficient probable cause to justify a search warrant authorizing a chemical test described in Subsection (1)(a), the peace officer shall review the facts with a senior officer to confirm that no impairment is suspected and probable cause for a chemical test does not exist.
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