EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 483.330 is hereby amended to read as follows:

1-2 483.330 1. The department may require every applicant for a

1-15 is to be licensed.

2-1 The examination may also include such further physical and mental

2-2 examination as the department finds necessary to determine the applicant’s

2-3 fitness to drive a motor vehicle safely upon the highways.

2-4 2. The department may provide by regulation for the acceptance of a

2-5 report from an ophthalmologist, optician or optometrist in lieu of an eye

2-6 test by a driver’s license examiner.

2-7 3. If the department establishes a type or classification of driver’s

2-8 license to operate a motor vehicle of a type which is not normally available

2-9 to examine an applicant’s ability to exercise ordinary and reasonable

2-10 control of such a vehicle, the department may, by regulation, provide for

2-11 the acceptance of an affidavit from a:

2-12 (a) Past, present or prospective employer of the applicant; or

2-13 (b) Local joint apprenticeship committee which had jurisdiction over

2-14 the training or testing, or both, of the applicant,

2-15 in lieu of an actual demonstration.

2-16 4. The department may waive an examination pursuant to subsection 1

2-17 for a person applying for a Nevada driver’s license who possesses a valid

2-18 driver’s license of the same type or class issued by another jurisdiction

2-19 unless that person:

2-20 (a) Has not attained 25 years of age;

2-21 (b) Has had his license or privilege to drive a motor vehicle suspended,

2-22 revoked or canceled or has been otherwise disqualified from driving during

2-23 the immediately preceding 4 years;

2-24 (c) [Has] Previously has been convicted of the offense of driving a

2-25 motor vehicle while under the influence of an intoxicating liquor, a

2-26 controlled substance, a chemical poison or an organic solvent , [during the

2-27 immediately preceding 7 years,] or the violation of a law which prohibits

2-28 the same or similar conduct;

2-29 (d) Has restrictions to his driver’s license which the department must

2-30 reevaluate to ensure the safe driving of a motor vehicle by that person;

2-31 (e) Has had three or more convictions of moving traffic violations on

2-32 his driving record during the immediately preceding 4 years; or

2-33 (f) Has been convicted of any of the offenses related to the use or

2-34 operation of a motor vehicle which must be reported pursuant to the

2-35 provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal

2-36 Regulations relating to the National Driver Register Problem Driver

2-37 Pointer System during the immediately preceding 4 years.

2-38 Sec. 2. NRS 483.460 is hereby amended to read as follows:

2-39 483.460 1. Except as otherwise provided by statute, the department

2-43 permit or privilege to drive for the period indicated:

3-1 (a) For a period of 3 years if the offense is:

3-2 (1) A violation of subsection 2 of NRS 484.377.

3-3 (2) A third or subsequent violation [within 7 years] of NRS 484.379.

3-4 (3) A violation of NRS 484.3795 or homicide resulting from driving

3-5 a vehicle while under the influence of intoxicating liquor or a controlled

3-6 substance.

3-7 The period during which such a driver is not eligible for a license, permit

3-8 or privilege to drive must be set aside during any period of imprisonment

3-9 and the period of revocation must resume upon completion of the period of

3-10 imprisonment or when the person is placed on residential confinement.

3-11 (b) For a period of 1 year if the offense is:

3-12 (1) Any other manslaughter resulting from the driving of a motor

3-13 vehicle or felony in the commission of which a motor vehicle is used,

3-14 including the unlawful taking of a motor vehicle.

3-15 (2) Failure to stop and render aid as required pursuant to the laws of

3-16 this state in the event of a motor vehicle accident resulting in the death or

3-17 bodily injury of another.

3-18 (3) Perjury or the making of a false affidavit or statement under oath

3-19 to the department pursuant to NRS 483.010 to 483.630, inclusive, or

3-20 pursuant to any other law relating to the ownership or driving of motor

3-21 vehicles.

3-22 (4) Conviction, or forfeiture of bail not vacated, upon three charges

3-23 of reckless driving committed within a period of 12 months.

3-24 (5) A second violation [within 7 years] of NRS 484.379 and, except

3-25 as otherwise provided in subsection 2 of NRS 483.490, the driver is not

3-26 eligible for a restricted license during any of that period.

3-27 (6) A violation of NRS 484.348.

3-28 (c) For a period of 90 days, if the offense is a first violation [within 7

3-29 years] of NRS 484.379.

3-30 2. The department shall revoke the license, permit or privilege of a

3-31 driver convicted of violating NRS 484.379 who fails to complete the

3-32 educational course on the use of alcohol and controlled substances within

3-33 the time ordered by the court and shall add a period of 90 days during

3-34 which the driver is not eligible for a license, permit or privilege to drive.

3-35 3. When the department is notified by a court that a person who has

3-36 been convicted of violating NRS 484.379 has been permitted to enter a

3-37 program of treatment pursuant to NRS 484.37937 or 484.3794, the

3-38 department shall reduce by one-half the period during which he is not

3-39 eligible for a license, permit or privilege to drive, but shall restore that

3-40 reduction in time if notified that he was not accepted for or failed to

3-41 complete the treatment.

4-1 4. The department shall revoke the license, permit or privilege to drive

4-2 of a person who is required to install a device pursuant to NRS 484.3943

4-3 but who operates a motor vehicle without such a device:

4-4 (a) For 3 years, if it is his first such offense during the period of

4-5 required use of the device.

4-6 (b) For 5 years, if it is his second such offense during the period of

4-7 required use of the device.

4-8 5. A driver whose license, permit or privilege is revoked pursuant to

4-9 subsection 4 is not eligible for a restricted license during the period set

4-10 forth in paragraph (a) or (b) of that subsection, whichever is applicable.

4-11 6. When the department is notified that a court has:

4-12 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

4-13 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

4-14 issuance of a child’s license;

4-15 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

4-16 issuance of a person’s license; or

4-17 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

4-18 the department shall take such actions as are necessary to carry out the

4-19 court’s order.

4-20 7. As used in this section, "device" has the meaning ascribed to it in

4-21 NRS 484.3941.

4-22 Sec. 3. NRS 483.490 is hereby amended to read as follows:

4-23 483.490 1. Except as otherwise provided in this section, after a

4-43 (b) May not receive a restricted license pursuant to this section until:

5-1 (1) After at least 180 days of the period during which he is not

5-2 eligible for a license, if he was convicted of a violation of subsection 2 of

5-3 NRS 484.377, a violation of NRS 484.3795 or homicide resulting from

5-4 driving a vehicle while under the influence of intoxicating liquor or a

5-5 controlled substance or if he was convicted of a third violation [within 7

5-6 years] of NRS 484.379;

5-7 (2) After at least 90 days of the period during which he is not eligible

5-8 for a license, if he was convicted of a second violation [within 7 years] of

5-9 NRS 484.379; or

5-10 (3) After at least 45 days of the period during which he is not eligible

5-11 for a license, if he was convicted of a first violation [within 7 years] of

5-12 NRS 484.379.

5-13 3. If the department has received a copy of an order requiring a person

5-14 to install a device in a motor vehicle which he owns or operates pursuant to

5-15 NRS 484.3943, the department shall not issue a restricted driver’s license

5-16 to such a person pursuant to this section unless the applicant has submitted

5-17 proof of compliance with the order and subsection 2.

5-18 4. After a driver’s license has been revoked pursuant to subsection 1 of

5-19 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

5-20 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

5-21 issue a restricted driver’s license to an applicant permitting the applicant to

5-22 drive a motor vehicle:

5-23 (a) If applicable, to and from work or in the course of his work, or both;

5-24 and

5-25 (b) If applicable, to and from school.

5-26 5. After a driver’s license has been suspended pursuant to NRS

5-27 483.443, the department may issue a restricted driver’s license to an

5-28 applicant permitting the applicant to drive a motor vehicle:

5-29 (a) If applicable, to and from work or in the course of his work, or both;

5-30 (b) To receive regularly scheduled medical care for himself or a

5-31 member of his immediate family; and

5-32 (c) If applicable, as necessary to exercise a court-ordered right to visit a

5-33 child.

5-34 6. A driver who violates a condition of a restricted license issued

5-35 pursuant to subsection 1 or by another jurisdiction is guilty of a

5-36 misdemeanor, and if his license was suspended or revoked for a violation

5-37 of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a

5-38 vehicle while under the influence of intoxicating liquor or a controlled

5-39 substance, or the violation of a law of any other jurisdiction which

5-40 prohibits the same conduct, he shall be punished in the manner provided

5-41 pursuant to subsection 2 of NRS 483.560.

5-42 7. The periods of suspensions and revocations required pursuant to this

5-43 chapter and NRS 484.384 must run consecutively, except as otherwise

6-1 provided in NRS 483.465 and 483.475, when the suspensions must run

6-2 concurrently.

6-3 8. Whenever the department suspends or revokes a license, the period

6-4 of suspension, or of ineligibility for a license after the revocation, begins

6-5 upon the effective date of the revocation or suspension as contained in the

6-6 notice thereof.

6-7 Sec. 4. NRS 484.3792 is hereby amended to read as follows:

6-8 484.3792 1. A person who violates the provisions of NRS 484.379:

6-43 prison for a minimum term of not less than 1 year and a maximum term of

7-1 not more than 6 years, and shall be further punished by a fine of not less

7-2 than $2,000 nor more than $5,000. An offender so imprisoned must,

7-3 insofar as practicable, be segregated from offenders whose crimes were

7-4 violent and, insofar as practicable, be assigned to an institution or facility

7-5 of minimum security.

7-6 2. An offense that occurred [within 7 years immediately preceding]

7-7 before the date of the principal offense or after the principal offense

7-8 constitutes a prior offense for the purposes of this section when evidenced

7-9 by a conviction, without regard to the sequence of the offenses and

7-10 convictions. The facts concerning a prior offense must be alleged in the

7-11 complaint, indictment or information, must not be read to the jury or

7-12 proved at trial but must be proved at the time of sentencing and, if the

7-13 principal offense is alleged to be a felony, must also be shown at the

7-14 preliminary examination or presented to the grand jury.

7-15 3. A person convicted of violating the provisions of NRS 484.379

7-16 must not be released on probation, and a sentence imposed for violating

7-17 those provisions must not be suspended except, as provided in NRS 4.373,

7-18 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

7-19 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

7-20 a charge of violating the provisions of NRS 484.379 in exchange for a plea

7-21 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

7-22 any other reason unless he knows or it is obvious that the charge is not

7-23 supported by probable cause or cannot be proved at the time of trial.

7-24 4. A term of confinement imposed pursuant to the provisions of this

7-25 section may be served intermittently at the discretion of the judge or justice

7-26 of the peace, except that a person who is convicted of a second or

7-27 subsequent offense [within 7 years] must be confined for at least one

7-28 segment of not less than 48 consecutive hours. This discretion must be

7-29 exercised after considering all the circumstances surrounding the offense,

7-30 and the family and employment of the offender, but any sentence of 30

7-31 days or less must be served within 6 months after the date of conviction or,

7-32 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

7-33 the suspension of his sentence was revoked, within 6 months after the date

7-34 of revocation. Any time for which the offender is confined must consist of

7-35 not less than 24 consecutive hours.

7-36 5. Jail sentences simultaneously imposed pursuant to this section and

7-37 NRS 483.560 or 485.330 must run consecutively.

7-38 6. If the person who violated the provisions of NRS 484.379 possesses

7-39 a driver’s license issued by a state other than the State of Nevada and does

7-40 not reside in the State of Nevada, in carrying out the provisions of

7-41 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

7-42 (a) Order the person to pay tuition for and submit evidence of

7-43 completion of an educational course on the abuse of alcohol and controlled

8-1 substances approved by a governmental agency of the state of his residence

8-2 within the time specified in the order; or

8-3 (b) Order him to complete an educational course by correspondence on

8-4 the abuse of alcohol and controlled substances approved by the department

8-5 within the time specified in the order,

8-6 and the court shall notify the department if the person fails to complete the

8-7 assigned course within the specified time.

8-8 7. If the defendant was transporting a person who is less than 15 years

8-9 of age in the motor vehicle at the time of the violation, the court shall

8-10 consider that fact as an aggravating factor in determining the sentence of

8-11 the defendant.

8-12 8. As used in this section, unless the context otherwise requires,

8-13 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

8-14 resulting from the driving of a vehicle while under the influence of

8-15 intoxicating liquor or a controlled substance, or the violation of a law of

8-16 any other jurisdiction that prohibits the same or similar conduct.

8-17 Sec. 5. NRS 484.37937 is hereby amended to read as follows:

8-18 484.37937 1. Except as otherwise provided in subsection 2, a person

8-42 same or similar conduct as set forth in paragraph (a) or (b).

9-1 3. For the purposes of subsection 1, a violation of the law of any other

9-2 jurisdiction which prohibits the same or similar conduct as NRS 484.379

9-3 constitutes a violation of NRS 484.379.

9-4 4. A prosecuting attorney may, within 10 days after receiving notice of

9-5 an application for treatment pursuant to this section, request a hearing on

9-6 the question of whether the offender is eligible to undergo a program of

9-7 treatment for alcoholism or drug abuse. The court shall order a hearing on

9-8 the application upon the request of the prosecuting attorney or may order a

9-9 hearing on its own motion. The hearing must be limited to the question of

9-10 whether the offender is eligible to undergo such a program of treatment.

9-11 5. At the hearing on the application for treatment, the prosecuting

9-12 attorney may present the court with any relevant evidence on the matter. If

9-13 a hearing is not held, the court shall decide the matter upon affidavits and

9-14 other information before the court.

9-15 6. If the court grants an application for treatment, the court shall:

9-16 (a) Immediately sentence the offender and enter judgment accordingly.

9-17 (b) Suspend the sentence of the offender for not more than 3 years upon

9-18 the condition that the offender be accepted for treatment by a treatment

9-19 facility, that he complete the treatment satisfactorily and that he comply

9-20 with any other condition ordered by the court.

9-21 (c) Advise the offender that:

9-22 (1) If he is accepted for treatment by such a facility, he may be

9-23 placed under the supervision of the facility for a period not to exceed 3

9-24 years and during treatment he may be confined in an institution or, at the

9-25 discretion of the facility, released for treatment or supervised aftercare in

9-26 the community.

9-27 (2) If he is not accepted for treatment by such a facility or he fails to

9-28 complete the treatment satisfactorily, he shall serve the sentence imposed

9-29 by the court. Any sentence of imprisonment must be reduced by a time

9-30 equal to that which he served before beginning treatment.

9-31 (3) If he completes the treatment satisfactorily, his sentence will be

9-32 reduced to a term of imprisonment which is no longer than that provided

9-33 for the offense in paragraph (c) of subsection 1 and a fine of not more than

9-34 the minimum fine provided for the offense in NRS 484.3792, but the

9-35 conviction must remain on his record of criminal history.

9-36 7. The court shall administer the program of treatment pursuant to the

9-37 procedures provided in NRS 458.320 and 458.330, except that the court:

9-38 (a) Shall not defer the sentence, set aside the conviction or impose

9-39 conditions upon the election of treatment except as provided in this

9-40 section.

9-41 (b) May immediately revoke the suspension of sentence for a violation

9-42 of any condition of the suspension.

10-1 8. The court shall notify the department, on a form approved by the

10-2 department, upon granting the application of the offender for treatment and

10-3 his failure to be accepted for or complete treatment.

10-4 Sec. 6. NRS 484.3794 is hereby amended to read as follows:

10-5 484.3794 1. Except as otherwise provided in subsection 2, a person

10-43 other information before the court.

11-1 6. If the court determines that an application for treatment should be

11-2 granted, the court shall:

11-3 (a) Immediately sentence the offender and enter judgment accordingly.

11-4 (b) Suspend the sentence of the offender for not more than 3 years upon

11-5 the condition that the offender be accepted for treatment by a treatment

11-6 facility, that he complete the treatment satisfactorily and that he comply

11-7 with any other condition ordered by the court.

11-8 (c) Advise the offender that:

11-9 (1) If he is accepted for treatment by such a facility, he may be

11-10 placed under the supervision of the facility for a period not to exceed 3

11-11 years and during treatment he may be confined in an institution or, at the

11-12 discretion of the facility, released for treatment or supervised aftercare in

11-13 the community.

11-14 (2) If he is not accepted for treatment by such a facility or he fails to

11-15 complete the treatment satisfactorily, he shall serve the sentence imposed

11-16 by the court. Any sentence of imprisonment must be reduced by a time

11-17 equal to that which he served before beginning treatment.

11-18 (3) If he completes the treatment satisfactorily, his sentence will be

11-19 reduced to a term of imprisonment which is no longer than that provided

11-20 for the offense in paragraph (c) of subsection 1 and a fine of not more than

11-21 the minimum provided for the offense in NRS 484.3792, but the

11-22 conviction must remain on his record of criminal history.

11-23 7. The court shall administer the program of treatment pursuant to the

11-24 procedures provided in NRS 458.320 and 458.330, except that the court:

11-25 (a) Shall not defer the sentence, set aside the conviction or impose

11-26 conditions upon the election of treatment except as provided in this

11-27 section.

11-28 (b) May immediately revoke the suspension of sentence for a violation

11-29 of a condition of the suspension.

11-30 8. The court shall notify the department, on a form approved by the

11-31 department, upon granting the application of the offender for treatment and

11-32 his failure to be accepted for or complete treatment.

11-33 Sec. 7. NRS 484.37943 is hereby amended to read as follows:

11-34 484.37943 1. If a person is found guilty of a first violation, if the

11-42 sentencing the offender, require an evaluation of the offender pursuant to

12-1 subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or

12-2 other drugs.

12-3 3. Except as otherwise provided in subsection 4 or 5, the evaluation of

12-4 an offender pursuant to this section must be conducted at an evaluation

12-5 center by:

12-6 (a) A counselor certified to make that evaluation by the bureau of

12-7 alcohol and drug abuse of the rehabilitation division of the department of

12-8 employment, training and rehabilitation;

12-9 (b) A physician certified to make that evaluation by the board of

12-10 medical examiners; or

12-11 (c) A person who is approved to make that evaluation by the bureau of

12-12 alcohol and drug abuse of the rehabilitation division of the department of

12-13 employment, training and rehabilitation,

12-14 who shall report to the court the results of the evaluation and make a

12-15 recommendation to the court concerning the length and type of treatment

12-16 required for the offender.

12-17 4. The evaluation of an offender who resides more than 30 miles from

12-18 an evaluation center may be conducted outside an evaluation center by a

12-19 person who has the qualifications set forth in subsection 3. The person who

12-20 conducts the evaluation shall report to the court the results of the

12-21 evaluation and make a recommendation to the court concerning the length

12-22 and type of treatment required for the offender.

12-23 5. The evaluation of an offender who resides in another state may,

12-24 upon approval of the court, be conducted in the state where the offender

12-25 resides by a physician or other person who is authorized by the appropriate

12-26 governmental agency in that state to conduct such an evaluation. The

12-27 offender shall ensure that the results of the evaluation and the

12-28 recommendation concerning the length and type of treatment for the

12-29 offender are reported to the court.

12-30 6. An offender who is evaluated pursuant to this section shall pay the

12-31 cost of the evaluation. An evaluation center or a person who conducts an

12-32 evaluation in this state outside an evaluation center shall not charge an

12-33 offender more than $100 for the evaluation.

12-34 Sec. 8. NRS 484.383 is hereby amended to read as follows:

12-35 484.383 1. Except as otherwise provided in subsections 3 and 4, any

12-42 grounds to believe that the person to be tested was driving or in actual

13-1 physical control of a vehicle while under the influence of intoxicating

13-2 liquor or a controlled substance.

13-3 2. If the person to be tested pursuant to subsection 1 is dead or

13-4 unconscious, the officer shall direct that samples of blood from the person

13-5 be tested.

13-6 3. Any person who is afflicted with hemophilia or with a heart

13-7 condition requiring the use of an anticoagulant as determined by a

13-8 physician is exempt from any blood test which may be required pursuant to

13-9 this section but must, when appropriate pursuant to the provisions of this

13-10 section, be required to submit to a breath or urine test.

13-11 4. If the alcoholic content of the blood or breath of the person to be

13-12 tested is in issue:

13-13 (a) Except as otherwise provided in this section, the person may refuse

13-14 to submit to a blood test if means are reasonably available to perform a

13-15 breath test.

13-16 (b) The person may request a blood test, but if means are reasonably

13-17 available to perform a breath test when the blood test is requested, and the

13-18 person is subsequently convicted, he must pay for the cost of the blood

13-19 test, including the fees and expenses of witnesses in court.

13-20 (c) A police officer may direct the person to submit to a blood test as set

13-21 forth in subsection 7 if the officer has reasonable grounds to believe that

13-22 the person:

13-23 (1) Caused death or substantial bodily harm to another person as a

13-24 result of driving or being in actual physical control of a vehicle while

13-25 under the influence of intoxicating liquor or a controlled substance; or

13-26 (2) [Has] Previously has been convicted [within the previous 7 years]

13-27 of:

13-28 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

13-29 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

13-30 prohibits the same or similar conduct; or

13-31 (II) Any other offense in this state or another jurisdiction in which

13-32 death or substantial bodily harm to another person resulted from driving,

13-33 operating or being in actual physical control of a vehicle or a vessel under

13-34 power or sail while under the influence of intoxicating liquor or a

13-35 controlled substance.

13-36 5. If the presence of a controlled substance in the blood of the person

13-37 is in issue, the officer may direct him to submit to a blood or urine test, or

13-38 both, in addition to the breath test.

13-39 6. Except as otherwise provided in subsections 3 and 5, a police officer

13-40 shall not direct a person to submit to a urine test.

13-41 7. If a person to be tested fails to submit to a required test as directed

13-42 by a police officer pursuant to this section and the officer has reasonable

13-43 grounds to believe that the person to be tested was driving or in actual

14-1 physical control of a motor vehicle while under the influence of

14-2 intoxicating liquor or a controlled substance, the officer may direct that

14-3 reasonable force be used to the extent necessary to obtain samples of blood

14-4 from the person to be tested. Not more than three such samples may be

14-5 taken during the 5-hour period immediately following the time of the

14-6 initial arrest. In such a circumstance, the officer is not required to provide

14-7 the person with a choice of tests for determining the alcoholic content or

14-8 presence of a controlled substance in his blood.

14-9 8. If a person who is less than 18 years of age is directed to submit to

14-10 an evidentiary test pursuant to this section, the officer shall, before testing

14-11 the person, make a reasonable attempt to notify the parent, guardian or

14-12 custodian of the person, if known.

14-13 Sec. 9. NRS 488.460 is hereby amended to read as follows:

14-14 488.460 1. Except as otherwise provided in subsections 3 and 4, a

14-43 the person:

15-1 (1) Caused death or substantial bodily harm to another person as a

15-2 result of operating or being in actual physical control of a vessel under

15-3 power or sail while under the influence of intoxicating liquor or a

15-4 controlled substance; or

15-5 (2) [Has] Previously has been convicted [within the previous 7 years]

15-6 of:

15-7 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

15-8 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

15-9 prohibits the same or similar conduct; or

15-10 (II) Any other offense in this state or another jurisdiction in which

15-11 death or substantial bodily harm to another person resulted from driving,

15-12 operating or being in actual physical control of a vehicle or a vessel under

15-13 power or sail while under the influence of intoxicating liquor or a

15-14 controlled substance.

15-15 5. If the presence of a controlled substance in the blood of the person

15-16 is in issue, the officer may direct him to submit to a blood or urine test, or

15-17 both, in addition to the breath test.

15-18 6. Except as otherwise provided in subsections 3 and 5, a peace officer

15-19 shall not direct a person to submit to a urine test.

15-20 7. If a person to be tested fails to submit to a required test as directed

15-21 by a peace officer pursuant to this section and the officer has reasonable

15-22 grounds to believe that the person to be tested was operating or in actual

15-23 physical control of a vessel under power or sail while under the influence

15-24 of intoxicating liquor or a controlled substance, the officer may direct that

15-25 reasonable force be used to the extent necessary to obtain samples of blood

15-26 from the person to be tested. Not more than three such samples may be

15-27 taken during the 5-hour period immediately following the time of the

15-28 initial arrest. In such a circumstance, the officer is not required to provide

15-29 the person with a choice of tests for determining the alcoholic content or

15-30 presence of a controlled substance in his blood.

15-31 Sec. 10. The amendatory provisions of this act do not apply to

15-32 offenses that were committed before October 1, 1999.