(b) It shall be unlawful for any person to operate or have in his possession a vehicle without
carrying thereon such a certificate of vehicle license registration.
(c) Any person in charge of such vehicle shall, upon demand of a law enforcement officer, permit
inspection of such certificate of vehicle license registration.
15-5.10 Revocation of License for Refusal to Submit to Breath or Blood Test.
(a) Any person who operates a motor vehicle on the Spokane Indian Reservation is deemed to have
given consent to a test or tests of their breath or blood for the purpose of determining the
alcoholic or drug content of their breath or blood if arrested for any offense when at the time of
the arrest, the arresting officer has reasonable grounds to believe the person had been driving
or was in actual physical control of a motor vehicle while under the influence of intoxicating
liquor or drugs.
(b) The test or tests of breath shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving or in actual physical
control of a motor vehicle within the Reservation while under the influence of intoxicating liquor.
(c) The officer shall warn the driver that the privilege to drive will be revoked or suspended if the
driver refuses to submit to the test, and that such refusal to take the test may be used as
evidence in a criminal trial.
(1) The period of suspension for refusing a test the first time is 6 months, and the second
time within 2 years is a 1-year suspension.
(2) The period of suspension for refusing a breath test if convicted of Vehicular
Manslaughter is 10 years and if convicted of Vehicular Assault is 5 years.
(d) However, in those instances where:
(1) The person is incapable due to physical injury, physical incapacity, or other physical
limitation, of providing a breath sample; or
(2) as a result of a traffic accident the person is being treated for a medical condition in a
hospital, clinic, doctor’s office, or other similar facility in which a breath testing
instrument is not present; a blood test shall be administered only by a physician, a
registered nurse, or a qualified technician.
(e) Except as provided in this subsection, the test administered shall be of the breath only.
(f) If an individual is unconscious or is under arrest for the crime of vehicular homicide or vehicular
assault, or if an individual is under arrest for the crime of driving while under the influence of
intoxicating liquor or drugs, which arrest results from an accident in which another person has
been injured and there is a reasonable likelihood that such other person may die as a result of
injuries sustained in the accident, a breath or blood test may be administered without the
consent of the individual so arrested.
(g) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her
incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection
(a) of this section, to have received the warnings required under subsection (c) of this section
and the test or tests may be administered.
(h) If, following the driver’s arrest and warnings, the person arrested refuses upon the request of a
law enforcement officer to submit to a test or tests of the driver’s breath or blood, no test shall
be given except as authorized under subsection (e) or (f) of this section.
(i) The Tribal Court, upon the receipt of a sworn report of the law enforcement officer that the
officer had reasonable grounds to believe the arrested person had been driving or was in actual
physical control of a motor vehicle within this Reservation while under the influence of
intoxicating liquor or drugs and that the person had refused to submit to the test or tests upon
the request of the law enforcement officer after being informed that refusal would result in the
suspension or revocation of the person’s privilege to drive on the Spokane Indian Reservation,
shall revoke the person’s license or permit to drive or any non-resident operating privilege.
(j) Upon revoking the license, permit, or privilege to drive, the Tribal Court shall immediately notify
the person involved in writing by personal service or by certified mail of its decision and the
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Revised Spokane Law & Order Code, 5/14/2013