/Users/andrea/_magisterarbeit/korpus/clean/testkorpus/25/file16.html NN ----------------------------------------- : TITLE NN 42 CD . SENT VEHICLES NNS AND CC TRAFFIC NN REGULATION NN OF IN VEHICLES NNS AND CC TRAFFIC NN ARTICLE NN 4 CD . SENT REGULATION NN OF IN VEHICLES NNS AND CC TRAFFIC NN PART NN 13 CD . SENT ALCOHOL NN AND CC DRUG NN OFFENSES NNS 42 CD 4 CD 1301 CD . SENT Driving VVG under IN the DT influence NN driving VVG while IN impaired JJ driving NN with IN excessive JJ alcoholic JJ content NN tests NNS penalties NNS useful JJ public JJ service NN program NN alcohol NN and CC drug NN driving NN safety NN program NN 1 CD a DT It PP is VBZ a DT misdemeanor NN for IN any DT person NN who WP is VBZ under IN the DT influence NN of IN alcohol NN or CC one CD or CC more JJR drugs NNS , , or CC a DT combination NN of IN both DT alcohol NN and CC one CD or CC more JJR drugs NNS , , to TO drive VV any DT vehicle NN in IN this DT state NN . SENT b SYM It PP is VBZ a DT misdemeanor NN for IN any DT person NN who WP is VBZ impaired VVN by IN alcohol NN or CC by IN one CD or CC more JJR drugs NNS , , or CC by IN a DT combination NN of IN alcohol NN and CC one CD or CC more JJR drugs NNS , , to TO drive VV any DT vehicle NN in IN this DT state NN . SENT c SYM It PP is VBZ a DT misdemeanor NN for IN any DT person NN who WP is VBZ an DT habitual JJ user NN of IN any DT controlled JJ substance NN defined VVN in IN section NN 12 CD 22 CD 303 CD 7 CD , , C NP . SENT R SYM . SENT S PP . SENT , , to TO drive VV any DT vehicle NN in IN this DT state NN . SENT d SYM For IN the DT purposes NNS of IN this DT subsection NN 1 CD , , one CD or CC more JJR drugs NNS shall MD mean VV all DT substances NNS defined VVN as IN a DT drug NN in IN section NN 12 CD 22 CD 303 CD 13 CD , , C NP . SENT R SYM . SENT S PP . SENT , , and CC all DT controlled VVN substances NNS defined VVN in IN section NN 12 CD 22 CD 303 CD 7 CD , , C NP . SENT R SYM . SENT S PP . SENT , , and CC glue NN sniffing VVG , , aerosol NN inhalation NN , , and CC the DT inhalation NN of IN any DT other JJ toxic JJ vapor NN or CC vapors NNS . SENT e SYM The DT fact NN that IN any DT person NN charged VVN with IN a DT violation NN of IN this DT subsection NN 1 CD is VBZ or CC has VHZ been VBN entitled VVN to TO use VV one CD or CC more JJR drugs NNS under IN the DT laws NNS of IN this DT state NN , , including VVG , , but CC not RB limited JJ to TO , , the DT medical JJ use NN of IN marijuana NN pursuant JJ to TO section NN 18 CD 18 CD 406 CD . SENT 3 CD , , C NP . SENT R SYM . SENT S PP . SENT , , shall MD not RB constitute VV a DT defense NN against IN any DT charge NN of IN violating VVG this DT subsection NN 1 CD . SENT f SYM Driving NP under IN the DT influence NN means VVZ driving VVG a DT vehicle NN when WRB a DT person NN has VHZ consumed VVN alcohol NN or CC one CD or CC more JJR drugs NNS , , or CC a DT combination NN of IN alcohol NN and CC one CD or CC more JJR drugs NNS , , which WDT alcohol NN alone RB , , or CC one CD or CC more JJR drugs NNS alone RB , , or CC alcohol NN combined VVN with IN one CD or CC more JJR drugs NNS affects VVZ the DT person NN to TO a DT degree NN that IN the DT person NN is VBZ substantially RB incapable JJ , , either CC mentally RB or CC physically RB , , or CC both DT mentally RB and CC physically RB , , to TO exercise VV clear JJ judgment NN , , sufficient JJ physical JJ control NN , , or CC due JJ care NN in IN the DT safe JJ operation NN of IN a DT vehicle NN . SENT g NN Driving VVG while IN ability NN impaired VVN means NNS driving VVG a DT vehicle NN when WRB a DT person NN has VHZ consumed VVN alcohol NN or CC one CD or CC more JJR drugs NNS , , or CC a DT combination NN of IN both DT alcohol NN and CC one CD or CC more JJR drugs NNS , , which WDT alcohol NN alone RB , , or CC one CD or CC more JJR drugs NNS alone RB , , or CC alcohol NN combined VVN with IN one CD or CC more JJR drugs NNS , , affects VVZ the DT person NN to TO the DT slightest JJS degree NN so RB that IN the DT person NN is VBZ less RBR able JJ than IN the DT person NN ordinarily RB would MD have VH been VBN , , either CC mentally RB or CC physically RB , , or CC both DT mentally RB and CC physically RB , , to TO exercise VV clear JJ judgment NN , , sufficient JJ physical JJ control NN , , or CC due JJ care NN in IN the DT safe JJ operation NN of IN a DT vehicle NN . SENT h NN Pursuant JJ to TO section NN 16 CD 2 CD 106 CD , , C NP . SENT R SYM . SENT S PP . SENT , , in IN charging VVG a DT violation NN of IN paragraph NN a DT of IN this DT subsection NN 1 CD , , it PP shall MD be VB sufficient JJ to TO describe VV the DT offense NN charged VVN as IN drove VVD a DT vehicle NN under IN the DT influence NN of IN alcohol NN or CC drugs NNS or CC both DT . SENT i NP Pursuant JJ to TO section NN 16 CD 2 CD 106 CD , , C NP . SENT R SYM . SENT S PP . SENT , , in IN charging VVG a DT violation NN of IN paragraph NN b NN of IN this DT subsection NN 1 CD , , it PP shall MD be VB sufficient JJ to TO describe VV the DT offense NN charged VVN as IN drove VVD a DT vehicle NN while IN impaired VVN by IN alcohol NN or CC drugs NNS or CC both DT . SENT 2 LS a DT It PP is VBZ a DT misdemeanor NN for IN any DT person NN to TO drive VV any DT vehicle NN in IN this DT state NN when WRB the DT amount NN of IN alcohol NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , in IN such JJ person's NNS blood NN is VBZ 0 CD . SENT 10 CD or CC more JJR grams NNS of IN alcohol NN per IN hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 10 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT During IN a DT trial NN , , if IN the DT state's NNS evidence NN raises VVZ the DT issue NN , , or CC if IN a DT defendant NN presents VVZ some DT credible JJ evidence NN , , that IN the DT defendant NN consumed VVN alcohol NN between IN the DT time NN that IN the DT defendant NN stopped VVD driving NN and CC the DT time NN that IN testing NN occurred VVD , , such JJ issue NN shall MD be VB an DT affirmative JJ defense NN , , and CC the DT prosecution NN must MD establish VV beyond IN a DT reasonable JJ doubt NN that IN the DT minimum JJ 0 CD . SENT 10 CD blood NN or CC breath NN alcohol NN content NN required VVN in IN this DT paragraph NN a DT was VBD reached VVN as IN a DT result NN of IN alcohol NN consumed VVN by IN the DT defendant NN before IN the DT defendant NN stopped VVD driving VVG . SENT a DT . SENT 5 LS It PP is VBZ a DT class NN A DT traffic NN infraction NN for IN any DT person NN under IN twenty CD one CD years NNS of IN age NN to TO drive VV any DT vehicle NN in IN this DT state NN when WRB the DT amount NN of IN alcohol NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ breath NN subject NN to TO subsection NN 7 CD of IN this DT section NN , , is VBZ at IN least JJS 0 CD . SENT 02 CD but CC not RB more JJR than IN 0 CD . SENT 05 CD grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT b SYM In IN any DT prosecution NN for IN a DT violation NN of IN this DT subsection NN 2 CD , , the DT defendant NN shall MD be VB entitled VVN to TO offer VV direct JJ and CC circumstantial JJ evidence NN to TO show VV that IN there EX is VBZ a DT disparity NN between IN what WP the DT tests NNS show NN and CC other JJ facts NNS so RB that IN the DT trier NN of IN fact NN could MD infer VV that IN the DT tests NNS were VBD in IN some DT way NN defective JJ or CC inaccurate JJ . SENT Such JJ evidence NN may MD include VV testimony NN of IN nonexpert NN witnesses NNS relating VVG to TO the DT absence NN of IN any DT or CC all DT of IN the DT common JJ symptoms NNS or CC signs NNS of IN intoxication NN for IN the DT purpose NN of IN impeachment NN of IN the DT accuracy NN of IN the DT analysis NN of IN the DT person's JJ blood NN or CC breath NN . SENT c SYM Pursuant JJ to TO section NN 16 CD 2 CD 106 CD , , C NP . SENT R SYM . SENT S PP . SENT , , in IN charging VVG a DT violation NN of IN this DT subsection NN 2 CD , , it PP shall MD be VB sufficient JJ to TO describe VV the DT offense NN charged VVN as IN drove VVD a DT vehicle NN with IN excessive JJ alcohol NN content NN . SENT 3 LS The DT offenses NNS described VVN in IN subsections NNS 1 CD and CC 2 CD of IN this DT section NN are VBP strict JJ liability NN offenses NNS . SENT 4 CD Notwithstanding IN the DT provisions NNS of IN section NN 18 CD 1 CD 408 CD , , C NP . SENT R SYM . SENT S PP . SENT , , during IN a DT trial NN of IN any DT person NN accused VVN of IN violating VVG paragraph NN a DT of IN subsection NN 1 CD and CC subsection NN 2 CD of IN this DT section NN , , the DT court NN shall MD not RB require VV the DT prosecution NN to TO elect VV between IN the DT two CD violations NNS . SENT The DT court NN or CC a DT jury NN may MD consider VV and CC convict VV the DT person NN of IN either DT paragraph NN a DT or CC paragraph NN b NN of IN subsection NN 1 CD or CC subsection NN 2 CD , , or CC both DT paragraph NN a DT of IN subsection NN 1 CD and CC subsection NN 2 CD , , or CC both DT paragraph NN b SYM of IN subsection NN 1 CD and CC subsection NN 2 CD of IN this DT section NN . SENT If IN the DT person NN is VBZ convicted VVN of IN more JJR than IN one CD violation NN , , the DT sentences NNS imposed VVN shall MD run VV concurrently RB . SENT 5 CD In IN any DT prosecution NN for IN a DT violation NN of IN paragraph NN a DT or CC b LS of IN subsection NN 1 CD of IN this DT section NN , , the DT amount NN of IN alcohol NN in IN the DT defendant's JJ blood NN or CC breath NN at IN the DT time NN of IN the DT commission NN of IN the DT alleged JJ offense NN or CC within IN a DT reasonable JJ time NN thereafter RB , , as IN shown VVN by IN analysis NN of IN the DT defendant's JJ blood NN or CC breath NN , , shall MD give VV rise NN to TO the DT following VVG presumptions NNS . SENT a DT If IN there EX was VBD at IN such JJ time NN 0 CD . SENT 05 CD or CC less JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS blood NN or CC if IN there EX was VBD at IN such JJ time NN 0 CD . SENT 05 CD or CC less JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS breath NN , , it PP shall MD be VB presumed VVN that IN the DT defendant NN was VBD not RB under IN the DT influence NN of IN alcohol NN and CC that IN the DT defendant's JJ ability NN to TO operate VV a DT vehicle NN was VBD not RB impaired VVN by IN the DT consumption NN of IN alcohol NN . SENT b SYM If IN there EX was VBD at IN such JJ time NN in IN excess NN of IN 0 CD . SENT 05 CD but CC less JJR than IN 0 CD . SENT 10 CD grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS blood NN or CC if IN there EX was VBD at IN such JJ time NN in IN excess NN of IN 0 CD . SENT 05 CD but CC less JJR than IN 0 CD . SENT 10 CD grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS breath NN , , such JJ fact NN shall MD give VV rise NN to TO the DT presumption NN that IN the DT defendant's JJ ability NN to TO operate VV a DT vehicle NN was VBD impaired VVN by IN the DT consumption NN of IN alcohol NN , , and CC such JJ fact NN may MD also RB be VB considered VVN with IN other JJ competent JJ evidence NN in IN determining VVG whether IN or CC not RB the DT defendant NN was VBD under IN the DT influence NN of IN alcohol NN . SENT c SYM If IN there EX was VBD at IN such JJ time NN 0 CD . SENT 10 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS blood NN or CC if IN there EX was VBD at IN such JJ time NN 0 CD . SENT 10 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN as IN shown VVN by IN analysis NN of IN such JJ person's NNS breath NN , , it PP shall MD be VB presumed VVN that IN the DT defendant NN was VBD under IN the DT influence NN of IN alcohol NN . SENT d SYM The DT limitations NNS of IN this DT subsection NN 5 CD shall MD not RB be VB construed VVN as IN limiting VVG the DT introduction NN , , reception NN , , or CC consideration NN of IN any DT other JJ competent JJ evidence NN bearing NN upon IN the DT question NN of IN whether IN or CC not RB the DT defendant NN was VBD under IN the DT influence NN of IN alcohol NN or CC whether IN or CC not RB the DT defendant's JJ ability NN to TO operate VV a DT vehicle NN was VBD impaired VVN by IN the DT consumption NN of IN alcohol NN . SENT 6 CD Following VVG the DT lawful JJ contact NN with IN a DT person NN who WP has VHZ been VBN driving VVG a DT vehicle NN , , and CC when WRB a DT law NN enforcement NN officer NN reasonably RB suspects VVZ that IN a DT person NN was VBD driving VVG a DT vehicle NN while IN under IN the DT influence NN of IN or CC while IN impaired VVN by IN alcohol NN , , the DT law NN enforcement NN officer NN may MD conduct VV a DT preliminary JJ screening NN test NN using VVG a DT device NN approved VVN by IN the DT executive JJ director NN of IN the DT department NN of IN public JJ health NN and CC environment NN after IN first RB advising VVG the DT driver NN that IN the DT driver NN may MD either RB refuse VV or CC agree VV to TO provide VV a DT sample NN of IN the DT driver's JJ breath NN for IN such JJ preliminary JJ test NN . SENT except IN that DT , , if IN the DT driver NN is VBZ under IN twenty CD one CD years NNS of IN age NN , , the DT law NN enforcement NN officer NN may MD , , after IN providing VVG such JJ advisement NN to TO the DT person NN , , conduct VV such JJ preliminary JJ screening NN test NN if IN the DT officer NN reasonably RB suspects VVZ that IN the DT person NN has VHZ consumed VVN any DT alcohol NN . SENT The DT results NNS of IN this DT preliminary JJ screening NN test NN may MD be VB used VVN by IN a DT law NN enforcement NN officer NN in IN determining VVG whether IN probable JJ cause NN exists VVZ to TO believe VV such JJ person NN was VBD driving VVG a DT vehicle NN in IN violation NN of IN paragraph NN a DT or CC b LS of IN subsection NN 1 CD or CC subsection NN 2 CD of IN this DT section NN and CC whether IN to TO administer VV a DT test NN pursuant JJ to TO paragraph NN a DT of IN subsection NN 7 CD of IN this DT section NN . SENT Neither CC the DT results NNS of IN such JJ preliminary JJ screening NN test NN nor CC the DT fact NN that IN the DT person NN refused VVD such JJ test NN shall MD be VB used VVN in IN any DT court NN action NN except IN in IN a DT hearing NN outside IN of IN the DT presence NN of IN a DT jury NN , , when WRB such JJ hearing NN is VBZ held VVN to TO determine VV if IN a DT law NN enforcement NN officer NN had VHD probable JJ cause NN to TO believe VV that IN the DT driver NN committed VVD a DT violation NN of IN paragraph NN a DT or CC b LS of IN subsection NN 1 CD or CC subsection NN 2 CD of IN this DT section NN . SENT The DT results NNS of IN such JJ preliminary JJ screening NN test NN shall MD be VB made VVN available JJ to TO the DT driver NN or CC the DT driver's JJ attorney NN on IN request NN . SENT The DT preliminary JJ screening NN test NN shall MD not RB substitute VV for IN or CC qualify VV as IN the DT test NN or CC tests NNS required VVN by IN paragraph NN a DT of IN subsection NN 7 CD of IN this DT section NN . SENT 7 CD a DT I NN On IN and CC after IN July NP 1 CD , , 1983 CD , , any DT person NN who WP drives VVZ any DT motor NN vehicle NN upon IN the DT streets NNS and CC highways NNS and CC elsewhere RB throughout IN this DT state NN shall MD be VB deemed VVN to TO have VH expressed VVN such JJ person's NNS consent NN to TO the DT provisions NNS of IN this DT paragraph NN a DT . SENT II NP A NP Any DT person NN who WP drives VVZ any DT motor NN vehicle NN upon IN the DT streets NNS and CC highways NNS and CC elsewhere RB throughout IN this DT state NN shall MD be VB required VVN to TO take VV and CC complete VV , , and CC to TO cooperate VV in IN the DT taking VVG and CC completing VVG of IN , , any DT test NN or CC tests NNS of IN such JJ person's NNS breath NN or CC blood NN for IN the DT purpose NN of IN determining VVG the DT alcoholic JJ content NN of IN the DT person's JJ blood NN or CC breath NN when WRB so RB requested VVN and CC directed VVN by IN a DT law NN enforcement NN officer NN having VHG probable JJ cause NN to TO believe VV that IN the DT person NN was VBD driving VVG a DT motor NN vehicle NN in IN violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN . SENT Except IN as RB otherwise RB provided VVN in IN this DT section NN , , if IN a DT person NN who WP is VBZ twenty CD one CD years NNS of IN age NN or CC older JJR requests NNS that WDT said VVD test NN be VB a DT blood NN test NN , , then RB the DT test NN shall MD be VB of IN his PP$ or CC her PP$ blood NN . SENT but CC , , if IN such JJ person NN requests NNS that IN a DT specimen NN of IN his PP$ or CC her PP$ blood NN not RB be VB drawn VVN , , then RB a DT specimen NN of IN such JJ person's NNS breath NN shall MD be VB obtained VVN and CC tested VVN . SENT A DT person NN who WP is VBZ under IN twenty CD one CD years NNS of IN age NN shall MD be VB entitled VVN to TO request VV a DT blood NN test NN unless IN the DT alleged JJ violation NN is VBZ a DT class NN A DT traffic NN infraction NN , , in IN which WDT case NN a DT specimen NN of IN such JJ person's NNS breath NN shall MD be VB obtained VVN and CC tested VVN , , except IN as RB provided VVN in IN sub NN subparagraph NN B NN of IN this DT subparagraph NN II NP . SENT B NP If IN a DT person NN elects NNS either CC a DT blood NN test NN or CC a DT breath NN test NN , , such JJ person NN shall MD not RB be VB permitted VVN to TO change VV such JJ election NN , , and CC , , if IN such JJ person NN fails VVZ to TO take VV and CC complete VV , , and CC to TO cooperate VV in IN the DT completing VVG of IN , , the DT test NN elected VVN , , such JJ failure NN shall MD be VB deemed VVN to TO be VB a DT refusal NN to TO submit VV to TO testing NN . SENT If IN such JJ person NN is VBZ unable JJ to TO take VV , , or CC to TO complete VV , , or CC to TO cooperate VV in IN the DT completing VVG of IN a DT breath NN test NN because IN of IN injuries NNS , , illness NN , , disease NN , , physical JJ infirmity NN , , or CC physical JJ incapacity NN , , or CC if IN such JJ person NN is VBZ receiving VVG medical JJ treatment NN at IN a DT location NN at IN which WDT a DT breath NN testing NN instrument NN certified VVN by IN the DT department NN of IN public JJ health NN and CC environment NN is VBZ not RB available JJ , , the DT test NN shall MD be VB of IN such JJ person's NNS blood NN . SENT III NP Any DT person NN who WP drives VVZ any DT motor NN vehicle NN upon IN the DT streets NNS and CC highways NNS and CC elsewhere RB throughout IN this DT state NN shall MD be VB required VVN to TO submit VV to TO and CC to TO complete VV , , and CC to TO cooperate VV in IN the DT completing VVG of IN , , a DT test NN or CC tests NNS of IN such JJ person's NNS blood NN , , saliva NN , , and CC urine NN for IN the DT purpose NN of IN determining VVG the DT drug NN content NN within IN the DT person's JJ system NN when WRB so RB requested VVN and CC directed VVN by IN a DT law NN enforcement NN officer NN having VHG probable JJ cause NN to TO believe VV that IN the DT person NN was VBD driving VVG a DT motor NN vehicle NN in IN violation NN of IN paragraph NN a DT , , b NN , , or CC c LS of IN subsection NN 1 CD of IN this DT section NN and CC when WRB it PP is VBZ reasonable JJ to TO require VV such JJ testing NN of IN blood NN , , saliva NN , , and CC urine NN to TO determine VV whether IN such JJ person NN was VBD under IN the DT influence NN of IN , , or CC impaired VVN by IN , , one CD or CC more JJR drugs NNS , , or CC one CD or CC more JJR controlled JJ substances NNS , , or CC a DT combination NN of IN both DT alcohol NN and CC one CD or CC more JJR drugs NNS , , or CC a DT combination NN of IN both DT alcohol NN and CC one CD or CC more JJR controlled JJ substances NNS . SENT IV NP Any DT person NN who WP is VBZ required VVN to TO take VV and CC to TO complete VV , , and CC to TO cooperate VV in IN the DT completing VVG of IN , , any DT test NN or CC tests NNS shall MD cooperate VV with IN the DT person NN authorized VVD to TO obtain VV specimens NNS of IN such JJ person's NNS blood NN , , breath NN , , saliva NN , , or CC urine NN , , including VVG the DT signing NN of IN any DT release NN or CC consent NN forms NNS required VVN by IN any DT person NN , , hospital NN , , clinic NN , , or CC association NN authorized VVD to TO obtain VV such JJ specimens NNS . SENT If IN such JJ person NN does VVZ not RB cooperate VV with IN the DT person NN , , hospital NN , , clinic NN , , or CC association NN authorized VVD to TO obtain VV such JJ specimens NNS , , including VVG the DT signing NN of IN any DT release NN or CC consent NN forms NNS , , such JJ noncooperation NN shall MD be VB considered VVN a DT refusal NN to TO submit VV to TO testing NN . SENT No DT law NN enforcement NN officer NN shall MD physically RB restrain VV any DT person NN for IN the DT purpose NN of IN obtaining VVG a DT specimen NN of IN such JJ person's NNS blood NN , , breath NN , , saliva NN , , or CC urine NN for IN testing VVG except IN when WRB the DT officer NN has VHZ probable JJ cause NN to TO believe VV that IN the DT person NN has VHZ committed VVN a DT violation NN of IN section NN 18 CD 3 CD 105 CD , , 18 CD 3 CD 106 CD 1 CD b SYM , , 18 CD 3 CD 204 CD , , or CC 18 CD 3 CD 205 CD 1 CD b SYM , , C NP . SENT R SYM . SENT S PP . SENT , , and CC the DT person NN is VBZ refusing VVG to TO take VV or CC to TO complete VV , , or CC to TO cooperate VV in IN the DT completing VVG of IN , , any DT test NN or CC tests NNS , , then RB , , in IN such JJ event NN , , the DT law NN enforcement NN officer NN may MD require VV a DT blood NN test NN . SENT Evidence NN acquired VVD through IN such JJ involuntary JJ blood NN test NN shall MD be VB admissible JJ in IN any DT prosecution NN for IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN and CC for IN a DT violation NN of IN section NN 18 CD 3 CD 105 CD , , 18 CD 3 CD 106 CD 1 CD b SYM , , 18 CD 3 CD 204 CD , , or CC 18 CD 3 CD 205 CD 1 CD b SYM , , C NP . SENT R SYM . SENT S NP . SENT V NN Any DT driver NN of IN a DT commercial JJ motor NN vehicle NN requested VVD to TO submit VV to TO a DT test NN as IN provided VVN in IN subparagraph NN II NP of IN this DT paragraph NN a DT shall MD be VB warned VVN by IN the DT law NN enforcement NN officer NN requesting VVG the DT test NN that IN a DT refusal NN to TO submit VV to TO the DT test NN shall MD result VV in IN an DT out NN of IN service NN order NN as IN defined VVN under IN section NN 42 CD 2 CD 402 CD 8 CD for IN a DT period NN of IN twenty CD four CD hours NNS and CC a DT revocation NN of IN the DT privilege NN to TO operate VV a DT commercial JJ motor NN vehicle NN for IN one CD year NN as IN provided VVN under IN section NN 42 CD 2 CD 126 CD . SENT b SYM I PP The DT tests NNS shall MD be VB administered VVN at IN the DT direction NN of IN a DT law NN enforcement NN officer NN having VHG probable JJ cause NN to TO believe VV that IN the DT person NN had VHD been VBN driving VVG a DT motor NN vehicle NN in IN violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN and CC in IN accordance NN with IN rules NNS and CC regulations NNS prescribed VVN by IN the DT state NN board NN of IN health NN concerning VVG the DT health NN of IN the DT person NN being VBG tested VVN and CC the DT accuracy NN of IN such JJ testing NN . SENT Strict JJ compliance NN with IN such JJ rules NNS and CC regulations NNS shall MD not RB be VB a DT prerequisite NN to TO the DT admissibility NN of IN test NN results NNS at IN trial NN unless IN the DT court NN finds VVZ that IN the DT extent NN of IN noncompliance NN with IN a DT board NN of IN health NN rule NN has VHZ so RB impaired VVN the DT validity NN and CC reliability NN of IN the DT testing NN method NN and CC the DT test NN results NNS as RB to TO render VV the DT evidence NN inadmissible JJ . SENT In IN all DT other JJ circumstances NNS , , failure NN to TO strictly RB comply VV with IN such JJ rules NNS and CC regulations NNS shall MD only RB be VB considered VVN in IN the DT weight NN to TO be VB given VVN to TO the DT test NN results NNS and CC not RB to TO the DT admissibility NN of IN such JJ test NN results NNS . SENT It PP shall MD not RB be VB a DT prerequisite NN to TO the DT admissibility NN of IN test NN results NNS at IN trial NN that IN the DT prosecution NN present JJ testimony NN concerning VVG the DT composition NN of IN any DT kit NN used VVN to TO obtain VV blood NN , , urine NN , , saliva NN , , or CC breath NN specimens NNS . SENT A DT sufficient JJ evidentiary JJ foundation NN concerning VVG the DT compliance NN of IN such JJ kits NNS with IN the DT rules NNS and CC regulations NNS of IN the DT department NN of IN public JJ health NN and CC environment NN shall MD be VB established VVN by IN the DT introduction NN of IN a DT copy NN of IN the DT manufacturer's NNS or CC supplier's NNS certificate NN of IN compliance NN with IN such JJ rules NNS and CC regulations NNS if IN such JJ certificate NN specifies VVZ the DT contents NNS , , sterility NN , , chemical NN makeup NN , , and CC amounts NNS of IN chemicals NNS contained VVN in IN such JJ kit NN . SENT II NP No DT person NN except IN a DT physician NN , , a DT registered JJ nurse NN , , a DT paramedic JJ , , as RB certified VVN in IN part NN 2 CD of IN article NN 3 CD . SENT 5 CD of IN title NN 25 CD , , C NP . SENT R SYM . SENT S PP . SENT , , an DT emergency NN medical JJ technician NN , , as RB defined VVN in IN part NN 1 CD of IN article NN 3 CD . SENT 5 CD of IN title NN 25 CD , , C NP . SENT R SYM . SENT S PP . SENT , , or CC a DT person NN whose WP$ normal JJ duties NNS include VVP withdrawing VVG blood NN samples NNS under IN the DT supervision NN of IN a DT physician NN or CC registered JJ nurse NN shall MD be VB entitled VVN to TO withdraw VV blood NN for IN the DT purpose NN of IN determining VVG the DT alcoholic JJ or CC drug NN content NN therein RB . SENT In IN any DT trial NN for IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , the DT testimony NN of IN a DT law NN enforcement NN officer NN that IN he PP or CC she PP witnessed VVD the DT taking NN of IN a DT blood NN specimen NN by IN a DT person NN who WP the DT law NN enforcement NN officer NN reasonably RB believed VVN was VBD authorized VVN to TO withdraw VV blood NN specimens NNS shall MD be VB sufficient JJ evidence NN that IN such JJ person NN was VBD so RB authorized VVN , , and CC testimony NN from IN the DT person NN who WP obtained VVD the DT blood NN specimens NNS concerning VVG such JJ person's NNS authorization NN to TO obtain VV blood NN specimens NNS shall MD not RB be VB a DT prerequisite NN to TO the DT admissibility NN of IN test NN results NNS concerning VVG the DT blood NN specimens NNS obtained VVD . SENT No DT civil JJ liability NN shall MD attach VV to TO any DT person NN authorized VVD to TO obtain VV blood NN , , breath NN , , saliva NN , , or CC urine NN specimens NNS or CC to TO any DT hospital NN , , clinic NN , , or CC association NN in IN or CC for IN which WDT such JJ specimens NNS are VBP obtained VVN as IN provided VVN in IN this DT subsection NN 7 CD as IN a DT result NN of IN the DT act NN of IN obtaining VVG such JJ specimens NNS from IN any DT person NN submitting VVG thereto RB if IN such JJ specimens NNS were VBD obtained VVN according VVG to TO the DT rules NNS and CC regulations NNS prescribed VVN by IN the DT state NN board NN of IN health NN . SENT except IN that IN this DT provision NN shall MD not RB relieve VV any DT such JJ person NN from IN liability NN for IN negligence NN in IN the DT obtaining VVG of IN any DT specimen NN sample NN . SENT c SYM Any DT person NN who WP is VBZ dead JJ or CC unconscious JJ shall MD be VB tested VVN to TO determine VV the DT alcohol NN or CC drug NN content NN of IN the DT person's JJ blood NN or CC any DT drug NN content NN within IN such JJ person's NNS system NN as IN provided VVN in IN this DT subsection NN 7 CD . SENT If IN a DT test NN cannot NN be VB administered VVN to TO a DT person NN who WP is VBZ unconscious JJ , , hospitalized VVN , , or CC undergoing VVG medical JJ treatment NN because IN the DT test NN would MD endanger VV the DT person's JJ life NN or CC health NN , , the DT law NN enforcement NN agency NN shall MD be VB allowed VVN to TO test VV any DT blood NN , , urine NN , , or CC saliva NN which WDT was VBD obtained VVN and CC not RB utilized VVN by IN a DT health NN care NN provider NN and CC shall MD have VH access NN to TO that DT portion NN of IN the DT analysis NN and CC results NNS of IN any DT tests NNS administered VVN by IN such JJ provider NN which WDT shows VVZ the DT alcohol NN or CC drug NN content NN of IN the DT person's JJ blood NN , , urine NN , , or CC saliva NN or CC any DT drug NN content NN within IN the DT person's JJ system NN . SENT Such JJ test NN results NNS shall MD not RB be VB considered VVN privileged JJ communications NNS , , and CC the DT provisions NNS of IN section NN 13 CD 90 CD 107 CD , , C NP . SENT R SYM . SENT S PP . SENT , , relating VVG to TO the DT physician NN patient NN privilege NN shall MD not RB apply VV . SENT Any DT person NN who WP is VBZ dead JJ , , in IN addition NN to TO the DT tests NNS prescribed VVN , , shall MD also RB have VH the DT person's NNS blood NN checked VVN for IN carbon NN monoxide NN content NN and CC for IN the DT presence NN of IN drugs NNS , , as RB prescribed VVN by IN the DT department NN of IN public JJ health NN and CC environment NN . SENT Such JJ information NN obtained VVN shall MD be VB made VVN a DT part NN of IN the DT accident NN report NN . SENT d SYM If IN a DT person NN refuses VVZ to TO take VV , , or CC to TO complete VV , , or CC to TO cooperate VV with IN the DT completing VVG of IN any DT test NN or CC tests NNS as RB provided VVN in IN this DT subsection NN 7 CD , , the DT person NN shall MD be VB subject JJ to TO license VV revocation NN pursuant JJ to TO the DT provisions NNS of IN section NN 42 CD 2 CD 126 CD . SENT Such JJ revocation NN shall MD take VV effect NN prior JJ to TO and CC shall MD stay VV the DT remainder NN of IN any DT previous JJ suspension NN , , or CC denial NN in IN lieu NN of IN suspension NN , , and CC shall MD not RB run VV concurrently RB , , in IN whole NN or CC in IN part NN , , with IN any DT previous JJ or CC subsequent JJ suspensions NNS , , revocations NNS , , or CC denials NNS which WDT may MD be VB provided VVN for IN by IN law NN , , including VVG any DT suspension NN , , revocation NN , , or CC denial NN which WDT results VVZ from IN a DT conviction NN of IN criminal JJ charges NNS arising VVG out RP of IN the DT same JJ occurrence NN for IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN . SENT The DT remainder NN of IN any DT suspension NN , , or CC denial NN in IN lieu NN of IN suspension NN , , stayed VVD pursuant JJ to TO the DT provisions NNS of IN this DT paragraph NN d NN shall MD be VB reinstated VVN following VVG the DT completion NN of IN any DT revocation NN provided VVD for IN in IN section NN 42 CD 2 CD 126 CD . SENT Any DT revocation NN taken VVN under IN said VVD section NN shall MD not RB preclude VV other JJ actions NNS which WDT the DT department NN is VBZ required VVN to TO take VV in IN the DT administration NN of IN the DT provisions NNS of IN this DT title NN . SENT e SYM If IN a DT person NN refuses VVZ to TO take VV or CC to TO complete VV , , or CC to TO cooperate VV with IN the DT completing VVG of IN , , any DT test NN or CC tests NNS as RB provided VVN in IN this DT subsection NN 7 CD and CC such JJ person NN subsequently RB stands VVZ trial NN for IN a DT violation NN of IN subsection NN 1 CD of IN this DT section NN , , the DT refusal NN to TO take VV or CC to TO complete VV , , or CC to TO cooperate VV with IN the DT completing VVG of IN , , any DT test NN or CC tests NNS shall MD be VB admissible JJ into IN evidence NN at IN the DT trial NN , , and CC a DT person NN may MD not RB claim VV the DT privilege NN against IN self NN incrimination NN with IN regard NN to TO admission NN of IN refusal NN to TO take VV or CC to TO complete VV , , or CC to TO cooperate VV with IN the DT completing VVG of IN , , any DT test NN or CC tests NNS . SENT 8 CD No NP court NN shall MD accept VV a DT plea NN of IN guilty JJ to TO a DT non JJ alcohol NN related JJ or CC non JJ drug NN related JJ traffic NN offense NN or CC guilty JJ to TO an DT offense NN under IN paragraph NN a DT . SENT 5 CD of IN subsection NN 2 CD of IN this DT section NN from IN a DT person NN charged VVN with IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD a DT of IN this DT section NN . SENT except IN that IN the DT court NN may MD accept VV a DT plea NN of IN guilty JJ to TO a DT non JJ alcohol NN related JJ or CC non JJ drug NN related JJ traffic NN offense NN or CC to TO an DT offense NN under IN paragraph NN a DT . SENT 5 CD of IN subsection NN 2 CD of IN this DT section NN upon IN a DT good JJ faith NN representation NN by IN the DT prosecuting VVG attorney NN that IN the DT attorney NN could MD not RB establish VV a DT prima JJ facie NN case NN if IN the DT defendant NN were VBD brought VVN to TO trial NN on IN the DT original JJ alcohol NN related VVN or CC drug NN related JJ offense NN . SENT 9 CD a DT I NN Every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN of IN paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN five CD days NNS nor CC more JJR than IN one CD year NN , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN three CD hundred CD dollars NNS nor CC more JJR than IN one CD thousand CD dollars NNS . SENT Except IN as RB provided VVN in IN subparagraph NN II NP of IN paragraph NN f NN of IN this DT subsection NN 9 CD , , the DT minimum JJ period NN of IN imprisonment NN provided VVN for IN such JJ violation NN shall MD be VB mandatory JJ . SENT In IN addition NN to TO any DT other JJ penalty NN that WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT this DT subparagraph NN I PP applies VVZ shall MD perform VV not RB less JJR than IN forty NN eight CD hours NNS nor CC more JJR than IN ninety CD six CD hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT II NP An DT offender NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN ninety CD days NNS nor CC more JJR than IN one CD year NN , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN five CD hundred CD dollars NNS nor CC more JJR than IN one CD thousand CD five CD hundred CD dollars NNS upon IN a DT conviction NN of IN a DT violation NN of IN any DT of IN the DT following NN . SENT A DT Paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , which WDT violation NN occurred VVD at IN any DT time NN after IN the DT date NN of IN a DT previous JJ violation NN for IN which WDT there EX has VHZ been VBN a DT conviction NN of IN paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN or CC driving VVG while IN such JJ person's NNS driver's NNS license NN is VBZ revoked VVN . SENT B NP Section NP 18 CD 3 CD 106 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT C SYM Section NP 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT or CC D NP Paragraph NN a DT of IN subsection NN 1 CD of IN this DT section NN , , driving VVG under IN the DT influence NN , , or CC paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN , , driving VVG while IN ability NN impaired VVN , , and CC the DT amount NN of IN alcohol NN in IN such JJ person's NNS blood NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , was VBD 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT III NP The DT minimum JJ period NN of IN imprisonment NN as IN provided VVN for IN a DT violation NN described VVN in IN subparagraph NN II NP of IN this DT paragraph NN a DT shall MD be VB mandatory JJ , , but CC the DT court NN may MD suspend VV up RB to TO eighty CD days NNS of IN the DT period NN of IN imprisonment NN if IN the DT offender NN complies VVZ with IN the DT provisions NNS of IN subparagraph NN I NN of IN paragraph NN f NN of IN this DT subsection NN 9 CD . SENT In IN addition NN to TO any DT other JJ penalty NN that WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT subparagraph NN II NP of IN this DT paragraph NN a DT and CC this DT subparagraph NN III NP apply VVP shall MD perform VV not RB less JJR than IN sixty CD hours NNS nor CC more JJR than IN one CD hundred CD twenty CD hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT IV NP An DT offender NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN seventy CD days NNS nor CC more JJR than IN one CD year NN , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN four CD hundred CD fifty CD dollars NNS nor CC more JJR than IN one CD thousand CD five CD hundred CD dollars NNS upon IN conviction NN of IN a DT violation NN of IN any DT of IN the DT following NN . SENT A DT Paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , which WDT violation NN occurred VVD at IN any DT time NN after IN the DT date NN of IN a DT previous JJ violation NN for IN which WDT there EX has VHZ been VBN a DT conviction NN of IN paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN . SENT B NP Section NP 18 CD 3 CD 106 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT C SYM Section NP 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT or CC D NP Paragraph NN a DT of IN subsection NN 1 CD of IN this DT section NN , , driving VVG under IN the DT influence NN , , or CC paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN , , driving VVG while IN ability NN impaired VVN , , and CC the DT amount NN of IN alcohol NN in IN such JJ person's NNS blood NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , was VBD 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT V NN The DT minimum JJ period NN of IN imprisonment NN as IN provided VVN for IN a DT violation NN described VVN in IN subparagraph NN IV NP of IN this DT paragraph NN a DT shall MD be VB mandatory JJ , , but CC the DT court NN may MD suspend VV up RB to TO sixty CD three CD days NNS of IN the DT period NN of IN imprisonment NN if IN the DT offender NN complies VVZ with IN the DT provisions NNS of IN subparagraph NN I NN of IN paragraph NN f NN of IN this DT subsection NN 9 CD . SENT In IN addition NN to TO any DT other JJ penalty NN that WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT subparagraph NN IV NP of IN this DT paragraph NN a DT and CC this DT subparagraph NN V NN apply VVP shall MD perform VV not RB less JJR than IN fifty CD six CD hours NNS nor CC more JJR than IN one CD hundred CD twelve NN hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT b SYM I PP Every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN of IN paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN two CD days NNS nor CC more JJR than IN one CD hundred CD eighty CD days NNS , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN one CD hundred CD dollars NNS nor CC more JJR than IN five CD hundred CD dollars NNS . SENT Except IN as RB provided VVN in IN subparagraph NN II NP of IN paragraph NN f NN of IN this DT subsection NN 9 CD , , the DT minimum JJ period NN of IN imprisonment NN provided VVN for IN such JJ violation NN shall MD be VB mandatory JJ . SENT In IN addition NN to TO any DT other JJ penalty NN which WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT this DT subparagraph NN I PP applies VVZ shall MD perform VV not RB less JJR than IN twenty CD four CD hours NNS nor CC more JJR than IN forty NN eight CD hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT II NP An DT offender NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN forty NN five CD days NNS nor CC more JJR than IN one CD year NN , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN three CD hundred CD dollars NNS nor CC more JJR than IN one CD thousand CD dollars NNS upon IN conviction NN of IN a DT violation NN of IN any DT of IN the DT following NN . SENT A DT Paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , which WDT violation NN occurred VVD at IN any DT time NN after IN the DT date NN of IN a DT previous JJ violation NN for IN which WDT there EX has VHZ been VBN a DT conviction NN of IN paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN . SENT B NP Section NP 18 CD 3 CD 106 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT C SYM Section NP 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT or CC D NP Paragraph NN a DT of IN subsection NN 1 CD of IN this DT section NN , , driving VVG under IN the DT influence NN , , or CC paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN , , driving VVG while IN ability NN impaired VVN , , and CC the DT amount NN of IN alcohol NN in IN such JJ person's NNS blood NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , was VBD 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT III NP The DT minimum JJ period NN of IN imprisonment NN as IN provided VVN for IN a DT violation NN described VVN in IN subparagraph NN II NP of IN this DT paragraph NN b NN shall MD be VB mandatory JJ , , but CC the DT court NN may MD suspend VV up RP to TO forty NN days NNS of IN the DT period NN of IN imprisonment NN if IN the DT offender NN complies VVZ with IN the DT provisions NNS of IN subparagraph NN I NN of IN paragraph NN f NN of IN this DT subsection NN 9 CD . SENT In IN addition NN to TO any DT other JJ penalty NN that WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT subparagraph NN II NP Of IN this DT paragraph NN b SYM and CC this DT subparagraph NN III NP apply VVP shall MD perform VV not RB less JJR than IN forty NN eight CD hours NNS nor CC more JJR than IN ninety CD six CD hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT IV NP An DT offender NN shall MD be VB punished VVN by IN imprisonment NN in IN the DT county NN jail NN for IN not RB less JJR than IN sixty CD days NNS nor CC more JJR than IN one CD year NN , , and CC , , in IN addition NN , , the DT court NN may MD impose VV a DT fine NN of IN not RB less JJR than IN four CD hundred CD dollars NNS nor CC more JJR than IN one CD thousand CD two CD hundred CD dollars NNS upon IN conviction NN of IN a DT violation NN of IN any DT of IN the DT following NN . SENT A DT Paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , which WDT violation NN occurred VVD at IN any DT time NN after IN the DT date NN of IN a DT previous JJ violation NN for IN which WDT there EX has VHZ been VBN a DT conviction NN of IN paragraph NN a DT or CC c LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN . SENT B NP Section NP 18 CD 3 CD 106 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT C SYM Section NP 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT . SENT or CC D NP Paragraph NN a DT of IN subsection NN 1 CD of IN this DT section NN , , driving VVG under IN the DT influence NN , , or CC paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN , , driving VVG while IN ability NN impaired VVN , , and CC the DT amount NN of IN alcohol NN in IN such JJ person's NNS blood NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , was VBD 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN . SENT V NN The DT minimum JJ period NN of IN imprisonment NN as IN provided VVN for IN a DT violation NN described VVN in IN subparagraph NN IV NP of IN this DT paragraph NN b NN shall MD be VB mandatory JJ , , but CC the DT court NN may MD suspend VV up RB to TO fifty CD four CD days NNS of IN the DT period NN of IN imprisonment NN if IN the DT offender NN complies VVZ with IN the DT provisions NNS of IN subparagraph NN I NN of IN paragraph NN f NN of IN this DT subsection NN 9 CD . SENT In IN addition NN to TO any DT other JJ penalty NN that WDT is VBZ imposed VVN , , every DT person NN who WP is VBZ convicted VVN of IN a DT violation NN to TO which WDT subparagraph NN IV NP of IN this DT paragraph NN b SYM and CC this DT subparagraph NN V NN apply VVP shall MD perform VV not RB less JJR than IN fifty CD two CD hours NNS nor CC more JJR than IN one CD hundred CD four CD hours NNS of IN useful JJ public JJ service NN . SENT The DT performance NN of IN the DT minimum JJ period NN of IN service NN shall MD be VB mandatory JJ , , and CC the DT court NN shall MD have VH no DT discretion NN to TO suspend VV the DT mandatory JJ minimum JJ period NN of IN performance NN of IN such JJ service NN . SENT VI NP Notwithstanding IN the DT other JJ provisions NNS of IN this DT paragraph NN b SYM , , if IN a DT person NN is VBZ charged VVN with IN an DT offense NN of IN driving VVG under IN the DT influence NN under IN paragraph NN a DT of IN subsection NN 1 CD of IN this DT section NN and CC the DT amount NN of IN alcohol NN in IN such JJ person's NNS blood NN , , as RB shown VVN by IN analysis NN of IN the DT person's JJ blood NN or CC breath NN , , was VBD 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN one CD hundred CD milliliters NNS of IN blood NN or CC 0 CD . SENT 20 CD or CC more JJR grams NNS of IN alcohol NN per IN two CD hundred CD ten CD liters NNS of IN breath NN at IN the DT time NN of IN driving VVG or CC within IN two CD hours NNS after IN driving NN , , and CC if IN for IN such JJ incident NN such JJ person NN is VBZ then RB convicted VVN of IN the DT lesser JJR offense NN of IN driving VVG while IN ability NN impaired VVN under IN paragraph NN b NN of IN subsection NN 1 CD of IN this DT section NN , , then RB , , because IN of IN such JJ aggravating JJ factor NN , , such JJ person NN is VBZ subject JJ to TO the DT penalties NNS imposed VVN by IN paragraph NN a DT of IN this DT subsection NN 9 CD for IN such JJ conviction NN . SENT c SYM The DT provisions NNS of IN this DT subsection NN 9 CD relating VVG to TO the DT performance NN of IN useful JJ public JJ service NN are VBP also RB applicable JJ to TO any DT defendant NN who WP receives VVZ a DT deferred JJ prosecution NN in IN accordance NN with IN section NN 16 CD 7 CD 401 CD , , C NP . SENT R SYM . SENT S PP . SENT , , or CC who WP receives VVZ a DT deferred JJ sentence NN in IN accordance NN with IN section NN 16 CD 7 CD 403 CD , , C NP . SENT R SYM . SENT S PP . SENT , , and CC the DT completion NN of IN any DT stipulated VVD amount NN of IN useful JJ public JJ service NN hours NNS to TO be VB completed VVN by IN the DT defendant NN shall MD be VB ordered VVN by IN the DT court NN in IN accordance NN with IN the DT conditions NNS of IN such JJ deferred JJ prosecution NN or CC deferred JJ sentence NN as RB stipulated VVD to TO by IN the DT prosecution NN and CC the DT defendant NN . SENT d SYM For IN the DT purposes NNS of IN paragraphs VVZ a DT and CC b LS of IN this DT subsection NN 9 CD , , a DT person NN shall MD be VB deemed VVN to TO have VH a DT previous JJ conviction NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , or CC section NN 18 CD 3 CD 106 CD 1 CD b SYM I PP or CC 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S PP . SENT , , if IN such JJ person NN has VHZ been VBN convicted VVN under IN the DT laws NNS of IN any DT other JJ state NN , , the DT United NP States NPS , , or CC any DT territory NN subject NN to TO the DT jurisdiction NN of IN the DT United NP States NPS of IN an DT act NN which WDT , , if IN committed VVN within IN this DT state NN , , would MD be VB a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , or CC section NN 18 CD 3 CD 106 CD 1 CD b SYM I PP or CC 18 CD 3 CD 205 CD 1 CD b SYM I NN , , C NP . SENT R SYM . SENT S NP . SENT e SYM I PP Upon IN conviction NN of IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , the DT court NN shall MD sentence VV the DT defendant NN in IN accordance NN with IN the DT provisions NNS of IN paragraphs VVZ a DT and CC b LS of IN this DT subsection NN 9 CD . SENT The DT court NN shall MD consider VV the DT alcohol NN and CC drug NN evaluation NN required VVD pursuant JJ to TO subsection NN 10 CD of IN this DT section NN prior RB to TO sentencing NN . SENT except IN that IN the DT court NN may MD proceed VV to TO immediate JJ sentencing NN without IN considering VVG such JJ alcohol NN and CC drug NN evaluation NN if IN the DT defendant NN has VHZ no RB prior RB or CC pending VVG charges NNS under IN this DT section NN and CC neither RB the DT defendant NN nor CC the DT prosecuting VVG attorney NN objects NNS . SENT If IN the DT court NN proceeds NNS to TO immediate JJ sentencing NN , , without IN considering VVG such JJ alcohol NN and CC drug NN evaluation NN , , such JJ alcohol NN and CC drug NN evaluation NN shall MD be VB conducted VVN after IN sentencing NN , , and CC the DT court NN shall MD order VV the DT defendant NN to TO complete VV the DT education NN and CC treatment NN program NN recommended VVN in IN such JJ alcohol NN and CC drug NN evaluation NN . SENT If IN the DT defendant NN disagrees VVZ with IN the DT education NN and CC treatment NN program NN recommended VVN in IN such JJ alcohol NN and CC drug NN evaluation NN , , the DT defendant NN may MD request VV the DT court NN to TO hold VV a DT hearing NN to TO determine VV which WDT education NN and CC treatment NN program NN should MD be VB completed VVN by IN the DT defendant NN . SENT II NP For IN sentencing VVG purposes NNS concerning VVG convictions NNS for IN second JJ and CC subsequent JJ offenses NNS , , prima JJ facie NN proof NN of IN a DT defendant's JJ previous JJ convictions NNS shall MD be VB established VVN when WRB the DT prosecuting VVG attorney NN and CC the DT defendant NN stipulate VV to TO the DT existence NN of IN the DT prior JJ conviction NN or CC convictions NNS or CC the DT prosecuting VVG attorney NN presents VVZ to TO the DT court NN a DT copy NN of IN the DT driving VVG record NN of IN the DT defendant NN provided VVN by IN the DT department NN of IN revenue NN of IN this DT state NN , , or CC provided VVD by IN a DT similar JJ agency NN in IN another DT state NN , , which WDT contains VVZ a DT reference NN to TO such JJ previous JJ conviction NN or CC convictions NNS or CC presents VVZ an DT authenticated VVN copy NN of IN the DT record NN of IN the DT previous JJ conviction NN or CC judgment NN from IN any DT court NN of IN record NN of IN this DT state NN or CC from IN a DT court NN of IN any DT other JJ state NN , , the DT United NP States NPS , , or CC any DT territory NN subject NN to TO the DT jurisdiction NN of IN the DT United NP States NPS . SENT The DT court NN shall MD not RB proceed VV to TO immediate JJ sentencing NN when WRB there EX is VBZ not RB a DT stipulation NN to TO prior JJ convictions NNS or CC if IN the DT prosecution NN requests NNS an DT opportunity NN to TO obtain VV a DT driving VVG record NN or CC a DT copy NN of IN a DT court NN record NN . SENT The DT prosecuting VVG attorney NN shall MD not RB be VB required VVN to TO plead VV or CC prove VV any DT previous JJ convictions NNS at IN trial NN , , and CC sentencing VVG concerning VVG convictions NNS for IN second JJ and CC subsequent JJ offenses NNS shall MD be VB a DT matter NN to TO be VB determined VVN by IN the DT court NN at IN sentencing NN . SENT f SYM I PP The DT sentence NN of IN any DT person NN subject NN to TO the DT provisions NNS of IN subparagraph NN II NP , , III NP , , IV NP , , or CC V NN of IN paragraph NN a DT or CC subparagraph NN II NP , , III NP , , IV NP , , or CC V NN of IN paragraph NN b NN of IN this DT subsection NN 9 CD may MD be VB suspended VVN to TO the DT extent NN provided VVD for IN in IN said VVN subparagraphs NNS if IN the DT offender NN receives VVZ a DT presentence NN alcohol NN and CC drug NN evaluation NN . SENT based VVN on IN that DT evaluation NN , , satisfactorily RB completes VVZ an DT appropriate JJ level NN I NN or CC level NN II NP alcohol NN and CC drug NN driving NN safety NN education NN or CC treatment NN program NN . SENT and CC abstains VVZ from IN the DT use NN of IN alcohol NN for IN a DT period NN of IN one CD year NN from IN the DT date NN of IN sentencing NN . SENT Such JJ abstinence NN shall MD be VB monitored VVN by IN the DT treatment NN facility NN by IN the DT administration NN of IN disulfiram NN or CC by IN any DT other JJ means NN that IN the DT director NN of IN the DT treatment NN facility NN deems VVZ appropriate JJ . SENT If IN , , at IN any DT time NN during IN the DT one CD year NN period NN , , the DT offender NN does VVZ not RB satisfactorily RB comply VV with IN the DT conditions NNS of IN the DT suspension NN , , that DT sentence NN shall MD be VB reimposed VVN , , and CC the DT offender NN shall MD spend VV that DT portion NN of IN such JJ offender's NNS sentence NN which WDT was VBD suspended VVN in IN the DT county NN jail NN . SENT II NP In IN the DT case NN of IN any DT person NN who WP is VBZ sentenced VVN pursuant JJ to TO the DT provisions NNS of IN subparagraph NN I NN of IN paragraph NN a DT or CC subparagraph VV I PP of IN paragraph NN b NN of IN this DT subsection NN 9 CD , , the DT court NN may MD suspend VV the DT mandatory JJ minimum NN of IN any DT sentence NN of IN imprisonment NN if IN , , as IN a DT condition NN thereof RB , , the DT offender NN has VHZ a DT presentence NN or CC postsentence NN alcohol NN and CC drug NN evaluation NN and CC satisfactorily RB completes VVZ and CC meets VVZ all DT financial JJ obligations NNS of IN a DT level NN I NN or CC level NN II NP program NN as RB is VBZ determined VVN appropriate JJ by IN the DT alcohol NN and CC drug NN evaluation NN required VVD pursuant JJ to TO subsection NN 10 CD of IN this DT section NN . SENT g NN In IN addition NN to TO the DT penalties NNS prescribed VVN in IN this DT subsection NN 9 CD . SENT I NP Persons NP convicted VVD of IN violations NNS of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN are VBP subject JJ to TO the DT costs NNS imposed VVN by IN section NN 24 CD 4 CD . SENT 1 CD 119 CD 1 CD c SYM , , C NP . SENT R SYM . SENT S PP . SENT , , relating VVG to TO the DT crime NN victim NN compensation NN fund NN . SENT II NP Persons NP convicted VVD of IN violations NNS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN are VBP subject JJ to TO an DT additional JJ penalty NN surcharge NN of IN not RB less JJR than IN twenty CD five CD dollars NNS and CC not RB more JJR than IN five CD hundred CD dollars NNS for IN programs NNS to TO address VV persistent JJ drunk JJ drivers NNS . SENT Any DT moneys NNS collected VVN for IN such JJ surcharge NN shall MD be VB transmitted VVN to TO the DT state NN treasurer NN , , who WP shall MD credit VV the DT same JJ to TO the DT persistent JJ drunk JJ driver NN cash NN fund NN created VVN by IN section NN 42 CD 3 CD 130 CD . SENT 5 CD . SENT III NP A NP A DT person NN convicted VVN of IN a DT violation NN of IN paragraph NN a DT or CC b LS of IN subsection NN 1 CD or CC of IN paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , which WDT violation NN occurred VVD on IN or CC after IN July NP 1 CD , , 2000 CD , , and CC within IN five CD years NNS after IN the DT date NN of IN a DT previous JJ violation NN for IN which WDT there EX was VBD a DT conviction NN under IN paragraph NN a DT or CC b LS of IN subsection NN 1 CD or CC paragraph NN a DT of IN subsection NN 2 CD of IN this DT section NN , , shall MD be VB required VVN to TO obtain VV a DT restricted JJ license NN pursuant JJ to TO the DT provisions NNS of IN section NN 42 CD 2 CD 132 CD . SENT 5 CD for IN a DT period NN of IN not RB less JJR than IN one CD year NN after IN reinstatement NN . SENT B SYM Deleted VVN by IN Laws NP 2000 CD , , Ch NN . SENT 241 CD , , 7 CD , , eff VV . SENT July NP 1 CD , , 2000 CD . SENT h NN In IN addition NN to TO any DT other JJ penalty NN provided VVN by IN law NN , , the DT court NN may MD sentence VV a DT defendant NN who WP is VBZ convicted VVN pursuant JJ to TO this DT section NN to TO a DT period NN of IN probation NN for IN purposes NNS of IN treatment NN not RB to TO exceed VV two CD years NNS . SENT As IN a DT condition NN of IN probation NN , , the DT defendant NN shall MD be VB required VVN to TO make VV restitution NN in IN accordance NN with IN the DT provisions NNS of IN section NN 16 CD 11 CD 204 CD . SENT 5 CD , , C NP . SENT R SYM . SENT S NP . SENT In IN addition NN to TO any DT other JJ penalty NN provided VVN by IN law NN , , the DT court NN may MD sentence VV a DT defendant NN to TO attend VV and CC pay VV for IN one CD appearance NN at IN a DT victim NN impact NN panel NN approved VVN by IN the DT court NN , , for IN which WDT the DT fee NN assessed VVD to TO the DT defendant NN shall MD not RB exceed VV twenty CD five CD dollars NNS . SENT i NP I NP For IN the DT purposes NNS of IN this DT subsection NN 9 CD , , useful JJ public JJ service NN means VVZ any DT work NN which WDT is VBZ beneficial JJ to TO the DT public JJ and CC which WDT involves VVZ a DT minimum NN of IN direct JJ supervision NN or CC other JJ public JJ cost NN . SENT Useful JJ public JJ service NN does VVZ not RB include VV any DT work NN which WDT would MD endanger VV the DT health NN or CC safety NN of IN any DT person NN convicted VVN of IN a DT violation NN of IN any DT of IN the DT offenses NNS specified VVN in IN subsection NN 1 CD or CC 2 CD of IN this DT section NN . SENT II NP A NP The DT sentencing NN court NN , , the DT probation NN department NN , , the DT county NN sheriff NN , , and CC the DT board NN of IN county NN commissioners NNS shall MD cooperate VV in IN identifying VVG suitable JJ work NN assignments NNS . SENT An DT offender NN sentenced VVN to TO such JJ work NN assignment NN shall MD complete VV the DT same JJ within IN the DT time NN established VVN by IN the DT court NN . SENT B NP There RB may MD be VB established VVN in IN the DT probation NN department NN of IN each DT judicial JJ district NN in IN the DT state NN a DT useful JJ public JJ service NN program NN under IN the DT direction NN of IN the DT chief JJ probation NN officer NN . SENT It PP is VBZ the DT purpose NN of IN the DT useful JJ public JJ service NN program NN . SENT To TO identify VV and CC seek VV the DT cooperation NN of IN governmental JJ entities NNS and CC political JJ subdivisions NNS thereof RB , , as RB well RB as IN corporations NNS organized VVN not RB for IN profit NN , , for IN the DT purpose NN of IN providing VVG useful JJ public JJ service NN jobs NNS . SENT to TO interview VV and CC assign VV persons NNS who WP have VHP been VBN ordered VVN by IN the DT court NN to TO perform VV useful JJ public JJ service NN to TO suitable JJ useful JJ public JJ service NN jobs NNS . SENT and CC to TO monitor VV compliance NN or CC noncompliance NN of IN such JJ persons NNS in IN performing VVG useful JJ public JJ service NN assignments NNS within IN the DT time NN established VVN by IN the DT court NN . SENT C SYM Any DT general JJ public JJ liability NN insurance NN policy NN obtained VVD pursuant JJ to TO this DT subsection NN 9 CD shall MD be VB in IN a DT sum NN of IN not RB less JJR than IN the DT current JJ limit NN on IN government NN liability NN under IN the DT Colorado NP Governmental JJ Immunity NN Act NP , , article NN 10 CD of IN title NN 24 CD , , C NP . SENT R SYM . SENT S NP . SENT III NP For IN the DT purposes NNS of IN the DT Colorado NP Governmental JJ Immunity NN Act NP , , article NN 10 CD of IN title NN 24 CD , , C NP . SENT R SYM . SENT S PP . SENT , , public JJ employee NN does VVZ not RB include VV any DT person NN who WP is VBZ sentenced VVN pursuant JJ to TO this DT subsection NN 9 CD to TO participate VV in IN any DT type NN of IN useful JJ public JJ service NN . SENT IV NP No DT governmental JJ entity NN shall MD be VB liable JJ under IN the DT Workers NPS Compensation NN Act NP of IN Colorado NP , , articles NNS 40 CD to TO 47 CD of IN title NN 8 CD , , C NP . SENT R SYM . SENT S PP . SENT , , or CC under IN the DT Colorado NP Employment NP Security NP Act NP , , articles NNS 70 CD to TO 82 CD of IN title NN 8 CD , , C NP . SENT R SYM . SENT S PP . SENT , , for IN any DT benefits NNS on IN account NN of IN any DT person NN who WP is VBZ sentenced VVN pursuant JJ to TO this DT subsection NN 9 CD to TO participate VV in IN any DT type NN of IN useful JJ public JJ service NN , , but CC nothing NN in IN this DT subparagraph NN IV NP shall MD prohibit VV a DT governmental JJ entity NN from IN electing VVG to TO accept VV the DT provisions NNS of IN the DT Workers NPS Compensation NN Act NP of IN Colorado NP by IN purchasing VVG and CC keeping VVG in IN force NN a DT policy NN of IN workers NNS compensation NN insurance NN covering VVG such JJ person NN . SENT V NN On IN and CC after IN July NP 1 CD , , 1984 CD , , in IN addition NN to TO any DT other JJ penalties NNS prescribed VVN in IN this DT subsection NN 9 CD , , the DT court NN shall MD assess VV an DT amount NN , , not RB to TO exceed VV sixty CD dollars NNS , , upon IN any DT person NN required VVN to TO perform VV useful JJ public JJ service NN . SENT Such JJ amount NN shall MD be VB used VVN by IN the DT operating VVG agency NN responsible JJ for IN overseeing VVG such JJ person's NNS useful JJ public JJ service NN program NN to TO pay VV the DT cost NN of IN administration NN of IN the DT program NN , , a DT general JJ public JJ liability NN policy NN covering VVG such JJ person NN , , and CC , , if IN such JJ person NN will MD be VB covered VVN by IN workers NNS compensation NN insurance NN pursuant JJ to TO subparagraph VV IV NP of IN this DT paragraph NN i NP or CC an DT insurance NN policy NN providing VVG such JJ or CC similar JJ coverage NN , , the DT cost NN of IN purchasing VVG and CC keeping VVG in IN force NN such JJ insurance NN coverage NN . SENT Such JJ amount NN shall MD be VB adjusted VVN from IN time NN to TO time NN by IN the DT general JJ assembly NN in IN order NN to TO insure VV that IN the DT useful JJ public JJ service NN program NN established VVN in IN this DT subsection NN 9 CD shall MD be VB financially RB self NN supporting VVG . SENT The DT proceeds NNS from IN such JJ amounts NNS shall MD be VB used VVN by IN the DT operating VVG agency NN only RB for IN defraying VVG the DT cost NN of IN personal JJ services NNS and CC other JJ operating VVG expenses NNS related VVN to TO the DT administration NN of IN the DT program NN and CC the DT cost NN of IN purchasing VVG and CC keeping VVG in IN force NN policies NNS of IN general JJ public JJ liability NN insurance NN , , workers NNS compensation NN insurance NN , , or CC insurance NN providing VVG such JJ or CC similar JJ coverage NN and CC shall MD not RB be VB used VVN by IN the DT operating VVG agency NN for IN any DT other JJ purpose NN . SENT 10 RB a DT The DT judicial JJ department NN shall MD administer VV in IN each DT judicial JJ district NN an DT alcohol NN and CC drug NN driving NN safety NN program NN that WDT provides VVZ presentence NN and CC postsentence NN alcohol NN and CC drug NN evaluations NNS on IN all DT persons NNS convicted VVN of IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN . SENT The DT alcohol NN and CC drug NN driving NN safety NN program NN shall MD further RBR provide VV supervision NN and CC monitoring NN of IN all DT such JJ persons NNS whose WP$ sentences NNS or CC terms NNS of IN probation NN require VVP completion NN of IN a DT program NN of IN alcohol NN and CC drug NN driving NN safety NN education NN or CC treatment NN . SENT b SYM The DT presentence NN and CC postsentence NN alcohol NN and CC drug NN evaluations NNS shall MD be VB conducted VVN by IN such JJ persons NNS determined VVN by IN the DT judicial JJ department NN to TO be VB qualified VVN to TO provide VV evaluation NN and CC supervision NN services NNS as RB described VVD in IN paragraph NN c NN of IN this DT subsection NN 10 CD . SENT c SYM An DT alcohol NN and CC drug NN evaluation NN shall MD be VB conducted VVN on IN all DT persons NNS convicted VVN of IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , and CC a DT copy NN of IN the DT report NN of IN the DT evaluation NN shall MD be VB provided VVN to TO such JJ person NN . SENT The DT report NN shall MD be VB made VVN available JJ to TO and CC shall MD be VB considered VVN by IN the DT court NN prior RB to TO sentencing NN unless IN the DT court NN proceeds NNS to TO immediate JJ sentencing NN pursuant JJ to TO the DT provisions NNS of IN paragraph NN e NN of IN subsection NN 9 CD of IN this DT section NN . SENT The DT report NN shall MD contain VV the DT defendant's JJ prior JJ traffic NN record NN , , characteristics NNS and CC history NN of IN alcohol NN or CC drug NN problems NNS , , and CC amenability NN to TO rehabilitation NN . SENT The DT report NN shall MD include VV a DT recommendation NN as RB to TO alcohol NN and CC drug NN driving NN safety NN education NN or CC treatment NN for IN the DT defendant NN . SENT The DT alcohol NN evaluation NN shall MD be VB conducted VVN and CC the DT report NN prepared VVN by IN a DT person NN who WP is VBZ trained JJ and CC knowledgeable JJ in IN the DT diagnosis NN of IN chemical NN dependency NN . SENT Such JJ person's NNS duties NNS may MD also RB include VV appearing VVG at IN sentencing NN and CC probation NN hearings NNS as IN required VVN , , referring VVG defendants NNS to TO education NN and CC treatment NN agencies NNS in IN accordance NN with IN orders NNS of IN the DT court NN , , monitoring VVG defendants NNS in IN education NN and CC treatment NN programs NNS , , notifying VVG the DT probation NN department NN and CC the DT court NN of IN any DT defendant NN failing VVG to TO meet VV the DT conditions NNS of IN probation NN or CC referral NN to TO education NN or CC treatment NN , , appearing VVG at IN revocation NN hearings NNS as IN required VVN , , and CC providing VVG assistance NN in IN data NNS reporting VVG and CC program NN evaluation NN . SENT For IN the DT purpose NN of IN this DT subsection NN 10 CD , , alcohol NN and CC drug NN driving NN safety NN education NN or CC treatment NN means NNS either CC level NN I NN or CC level NN II NP education NN or CC treatment NN programs NNS that WDT are VBP approved VVN by IN the DT division NN of IN alcohol NN and CC drug NN abuse NN . SENT Level NN I NN programs NNS are VBP to TO be VB short JJ term NN , , didactic JJ education NN programs NNS . SENT Level NP II NP programs NNS are VBP to TO be VB therapeutically RB oriented VVN education NN , , long JJ term NN outpatient NN , , and CC comprehensive JJ residential JJ programs NNS . SENT Any DT defendant NN sentenced VVN to TO level VV I PP or CC level VV II NP programs NNS shall MD be VB instructed VVN by IN the DT court NN to TO meet VV all DT financial JJ obligations NNS of IN such JJ programs NNS . SENT If IN such JJ financial JJ obligations NNS are VBP not RB met VVN , , the DT sentencing NN court NN shall MD be VB notified VVN for IN the DT purpose NN of IN collection NN or CC review NN and CC further JJR action NN on IN the DT defendant's JJ sentence NN . SENT Nothing NN in IN this DT section NN shall MD prohibit VV treatment NN agencies NNS from IN applying VVG to TO the DT state NN for IN funds NNS to TO recover VV the DT costs NNS of IN level NN II NP treatment NN for IN defendants NNS determined VVN to TO be VB indigent JJ by IN the DT court NN . SENT d NN There EX is VBZ hereby RB created VVN an DT alcohol NN and CC drug NN driving NN safety NN program NN fund NN in IN the DT office NN of IN the DT state NN treasurer NN to TO the DT credit NN of IN which WDT shall MD be VB deposited VVN all DT moneys NNS as RB directed VVN by IN this DT paragraph NN d SYM . SENT In IN addition NN to TO any DT fines NNS , , fees NNS , , or CC costs NNS levied VVD against IN a DT person NN convicted VVN of IN a DT violation NN of IN subsection NN 1 CD or CC 2 CD of IN this DT section NN , , the DT judge NN shall MD assess VV each DT such JJ person NN for IN the DT cost NN of IN the DT presentence NN or CC postsentence NN alcohol NN and CC drug NN evaluation NN and CC supervision NN services NNS . SENT The DT assessment NN in IN effect NN on IN July NP 1 CD , , 1998 CD , , shall MD remain VV in IN effect NN unless IN the DT judicial JJ department NN and CC the DT division NN of IN alcohol NN and CC drug NN abuse NN have VHP provided VVN to TO the DT general JJ assembly NN a DT statement NN of IN the DT cost NN of IN the DT program NN , , including VVG costs NNS of IN administration NN for IN the DT past JJ and CC current JJ fiscal JJ year NN to TO include VV a DT proposed VVN change NN in IN the DT assessment NN . SENT The DT general JJ assembly NN shall MD then RB consider VV the DT proposed VVN new JJ assessment NN and CC approve VV the DT amount NN to TO be VB assessed VVN against IN each DT person NN during IN the DT following VVG fiscal JJ year NN in IN order NN to TO ensure VV that IN the DT alcohol NN and CC drug NN driving NN safety NN program NN established VVN in IN this DT subsection NN 10 CD shall MD be VB financially RB self NN supporting VVG . SENT Any DT adjustment NN in IN the DT amount NN to TO be VB assessed VVN shall MD be VB so RB noted VVN in IN the DT appropriation NN to TO the DT judicial JJ department NN and CC the DT division NN of IN alcohol NN and CC drug NN abuse NN as IN a DT footnote NN or CC line NN item NN related VVN to TO this DT program NN in IN the DT general JJ appropriation NN bill NN . SENT The DT state NN auditor NN shall MD periodically RB audit VV the DT costs NNS of IN the DT programs NNS to TO determine VV that IN they PP are VBP reasonable JJ and CC that IN the DT rate NN charged VVN is VBZ accurate JJ based VVN on IN these DT costs NNS . SENT Any DT other JJ fines NNS , , fees NNS , , or CC costs NNS levied VVD against IN such JJ person NN shall MD not RB be VB part NN of IN the DT program NN fund NN . SENT The DT amount NN assessed VVN for IN the DT alcohol NN and CC drug NN evaluation NN shall MD be VB transmitted VVN by IN the DT court NN to TO the DT state NN treasurer NN to TO be VB credited VVN to TO the DT alcohol NN and CC drug NN driving NN safety NN program NN fund NN . SENT Fees NNS charged VVN under IN sections NNS 25 CD 1 CD 306 CD 1 CD , , C NP . SENT R SYM . SENT S PP . SENT , , and CC 25 CD 1 CD 1102 CD 1 CD , , C NP . SENT R SYM . SENT S PP . SENT , , to TO approved VVN alcohol NN and CC drug NN treatment NN facilities NNS that WDT provide VVP level NN I PP and CC level VV II NP programs NNS as RB provided VVN in IN paragraph NN c NN of IN this DT subsection NN 10 CD shall MD be VB transmitted VVN to TO the DT state NN treasurer NN , , who WP shall MD credit VV the DT fees NNS to TO the DT alcohol NN and CC drug NN driving NN safety NN program NN fund NN . SENT Upon IN appropriation NN by IN the DT general JJ assembly NN , , these DT funds NNS shall MD be VB expended VVN by IN the DT judicial JJ department NN and CC the DT division NN of IN alcohol NN and CC drug NN abuse NN for IN the DT administration NN of IN the DT alcohol NN and CC drug NN driving NN safety NN program NN . SENT In IN administering VVG the DT alcohol NN and CC drug NN driving NN safety NN program NN , , the DT judicial JJ department NN is VBZ authorized VVN to TO contract NN with IN any DT agency NN for IN such JJ services NNS as IN the DT judicial JJ department NN deems VVZ necessary JJ . SENT Moneys NNS deposited VVD in IN the DT alcohol NN and CC drug NN driving NN safety NN program NN fund NN shall MD remain VV in IN said VVN fund NN to TO be VB used VVN for IN the DT purposes NNS set VVN forth RB in IN this DT subsection NN 10 CD and CC shall MD not RB revert VV or CC transfer VV to TO the DT general JJ fund NN except IN by IN further JJR act NN of IN the DT general JJ assembly NN . SENT e SYM The DT judicial JJ department NN shall MD ensure VV that IN qualified JJ personnel NNS are VBP placed VVN in IN the DT judicial JJ districts NNS . SENT The DT judicial JJ department NN and CC the DT division NN of IN alcohol NN and CC drug NN abuse NN shall MD jointly RB develop VV and CC maintain VV criteria NNS for IN evaluation NN techniques NNS , , treatment NN referral NN , , data NN reporting NN , , and CC program NN evaluation NN . SENT f SYM The DT alcohol NN and CC drug NN driving NN safety NN program NN shall MD cooperate VV in IN providing VVG services NNS to TO a DT defendant NN who WP resides VVZ in IN a DT judicial JJ district NN other JJ than IN the DT one NN in IN which WDT the DT arrest NN was VBD made VVN . SENT Alcohol NN and CC drug NN driving VVG safety NN programs NNS may MD cooperate VV in IN providing VVG services NNS to TO any DT defendant NN who WP resides VVZ at IN a DT location NN closer RBR to TO another DT judicial JJ district's NN program NN . SENT The DT requirements NNS of IN this DT subsection NN 10 CD shall MD not RB apply VV to TO persons NNS who WP are VBP not RB residents NNS of IN Colorado NP at IN the DT time NN of IN sentencing NN . SENT g NN The DT provisions NNS of IN this DT subsection NN 10 CD are VBP also RB applicable JJ to TO any DT defendant NN who WP receives VVZ a DT deferred JJ prosecution NN in IN accordance NN with IN section NN 16 CD 7 CD 401 CD , , C NP . SENT R SYM . SENT S PP . SENT , , or CC who WP receives VVZ a DT deferred JJ sentence NN in IN accordance NN with IN section NN 16 CD 7 CD 403 CD , , C NP . SENT R SYM . SENT S PP . SENT , , and CC the DT completion NN of IN any DT stipulated VVD alcohol NN evaluation NN , , level NN I NN or CC level NN II NP education NN program NN , , or CC level NN I NN or CC level NN II NP treatment NN program NN to TO be VB completed VVN by IN the DT defendant NN shall MD be VB ordered VVN by IN the DT court NN in IN accordance NN with IN the DT conditions NNS of IN such JJ deferred JJ prosecution NN or CC deferred JJ sentence NN as RB stipulated VVD to TO by IN the DT prosecution NN and CC the DT defendant NN . SENT 11 CD In IN all DT actions NNS , , suits NNS , , and CC judicial JJ proceedings NNS in IN any DT court NN of IN this DT state NN concerning VVG alcohol NN related VVN or CC drug NN related JJ traffic NN offenses NNS , , the DT court NN shall MD take VV judicial JJ notice NN of IN methods NNS of IN testing VVG a DT person's JJ alcohol NN or CC drug NN level NN and CC of IN the DT design NN and CC operation NN of IN devices NNS , , as RB certified VVN by IN the DT department NN of IN public JJ health NN and CC environment NN , , for IN testing VVG a DT person's NNS blood NN , , breath NN , , saliva NN , , or CC urine NN to TO determine VV such JJ person's NNS alcohol NN or CC drug NN level NN . SENT This DT subsection NN 11 CD shall MD not RB prevent VV the DT necessity NN of IN establishing VVG during IN a DT trial NN that IN the DT testing NN devices NNS used VVN were VBD working VVG properly RB and CC that DT such JJ testing NN devices NNS were VBD properly RB operated VVN . SENT Nothing NN in IN this DT subsection NN 11 CD shall MD preclude VV a DT defendant NN from IN offering VVG evidence NN concerning VVG the DT accuracy NN of IN testing NN devices NNS . SENT 12 CD Deleted VVN by IN Laws NP 1995 CD , , S NP . SENT B SYM . SENT 95 CD 127 CD , , 3 CD , , eff VV . SENT July NP 1 CD , , 1995 CD . SENT 13 CD As RB used VVN in IN this DT section NN , , convicted VVN includes VVZ a DT plea NN of IN no DT contest NN accepted VVN by IN the DT court NN . SENT Back RB to TO Colorado NP DUI NP Front NP Page NP