§ 5-65-310 Refusal to submit to chemical test

§ 5-65-310. Refusal to submit to chemical test

    (a)(1) If an underage person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency, as provided in § 5-65-309, no chemical test shall be given, and the underage person's driver's license shall be seized by the law enforcement officer, and the law enforcement officer shall immediately deliver to the underage person from whom the driver's license was seized a temporary driving permit, as provided by § 5-65-402.

        (2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation pursuant to § 5-1-108.

    (b)(1) The Office of Driver Services shall suspend or revoke the driving privileges of the arrested underage person under § 5-65-402.

        (2) The office shall suspend the underage person's driving privileges as follows:

            (A) Suspension for ninety (90) days for a first offense under this section;

            (B) Suspension for one (1) year for a second offense under this section; and

            (C)(i) Revocation for the third or subsequent offense occurring while the person is underage.

                (ii) Revocation is until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.

    (c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense:

        (1) Any conviction for violating § 5-65-310; and

        (2) Any suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.

    (d) In addition to any other penalty provided for in this section, if the underage person is a resident without a license or permit to operate a motor vehicle in this state:

        (1) The office shall deny to that underage person the issuance of a license or permit for a period of six (6) months for a first offense; and

        (2) For a second or subsequent offense by an underage resident without a license or permit to operate a motor vehicle, the office shall deny to that underage person the issuance of a license or permit for a period of one (1) year.

    (e) When an underage nonresident's privilege to operate a motor vehicle in this state has been suspended, the office shall notify the office of issuance of that underage person's nonresident motor vehicle license of action taken by the office.

    (f)(1)(A) The office shall charge a reinstatement fee to be calculated as provided under subdivision (f)(1)(B) of this section  for reinstating a driver's license suspended or revoked for a violation of this section.

            (B) The reinstatement fee is calculated by multiplying twenty-five dollars ($25.00) by the number of offenses resulting in an administrative suspension order under § 5-65-310 unless the administrative suspension order has been removed because:

                    (i) The person has been found not guilty of the offense by a circuit court or district court; or

                    (ii) The office has entered an administrative suspension order.

            (C) The fee under subdivision (f)(1)(A) of this section is supplemental to and in addition to any fee imposed by § 5-65-119, § 5-65-304, § 27-16-508, or § 27-16-808.

        (2) Forty percent (40%) of the revenues derived from the reinstatement fee under this subsection shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Blood Alcohol Program of the Department of Health.