2005 Arizona Revised Statutes - Revised Statutes §5-395.03  Test for alcohol concentration or drug content; refusal; civil penalty

A. Any person who operates a motorized watercraft that is underway within this state shall submit, subject to section 4-244, paragraph 34, section 5-395 or section 5-396, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating or in actual physical control of a motorized watercraft that is underway within this state while under the influence of intoxicating liquor or drugs, or if the person is under twenty-one years of age, with spirituous liquor in the person's body.

B. Following an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the violator refuses the violator shall be informed that the violator is subject to a civil penalty.

C. A person who refuses any test or tests prescribed by subsection A of this section is subject to a civil penalty of seven hundred fifty dollars and shall pay an additional civil penalty of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. The additional civil penalty of five hundred dollars is not subject to any surcharge. If the additional civil penalty is imposed by the superior court or a justice court, the court shall transmit the amount collected for the additional civil penalty to the county treasurer. If the additional civil penalty is imposed by a municipal court, the court shall transmit the amount collected for the additional civil penalty to the city treasurer. The city or county treasurer shall transmit the monies received pursuant to this subsection to the state treasurer.

D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section none shall be given, except as provided in section 5-395, subsection J or pursuant to a search warrant.