§ 9.28.070. Minor's refusal to submit to chemical test or tests.

A.

If a person under arrest for minor operating a vehicle after consuming alcohol or marijuana refuses the request of a peace officer to submit to a chemical test or tests authorized under section 9.28.021A. and section 9.28.060A., after being advised by the officer that the refusal will result in the denial or revocation of the driver's license, privilege to drive, or privilege to obtain a license, that the refusal may be used against the person in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol or marijuana, and that the refusal is a criminal offense, a chemical test may not be given.

B.

A person who is cited for violating this section shall be advised by a peace officer that it is unlawful under section 9.28.080 for the person to operate a motor vehicle, aircraft, or watercraft during the 24 hours following the issuance of the citation.

C.

The refusal of a minor to submit to a chemical test or tests authorized under section 9.28.021A. and section 9.28.060A. is admissible evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by the person while operating a vehicle after consuming alcohol or marijuana.

D.

If the minor:

1.

Has not been previously convicted under this section, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:

a.

Fine of $500.00; and

b.

Period of community work service of not less than 20 hours nor more than 40 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol or marijuana if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service;

2.

Has been previously convicted once under this section, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:

a.

Fine of $1,000.00; and

b.

Period of community work service of not less than 40 hours nor more than 60 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol or marijuana if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service;

3.

Has been previously convicted two or more times under this section, section 9.28.060, or section 9.28.080, upon conviction, the court shall impose a:

a.

Fine of $1,500.00; and

b.

Period of community work service of not less than 40 hours nor more than 60 hours; the community work service under this subparagraph must be related to education about or prevention or treatment of misuse of alcohol or marijuana if opportunities are available for that type of work service in the community; if such opportunities are not available, the court shall make other provisions for the work service.

E.

In this section, a "chemical test" is any test of a bodily sample for the presence of an impairing substance.

(AO No. 2014-42, § 22, 6-21-14; AO No. 2015-86, § 2, 9-24-15 )