18-U.S.C.-3118

§3118 – Implied Consent For Certain Tests

Pathway

Title 18 > Part II > Chapter 205 > Section 3118

Details

• Reference: Section 3118
• Legend: §3118 – Implied Consent For Certain Tests
• USCode Year: 2013

Provision Content

(a) Consent.—Whoever operates a motor vehicle in the special maritime and territorial jurisdiction of the United States consents thereby to a chemical test or tests of such persons blood, breath, or urine, if arrested for any offense arising from such persons driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.

(b) Effect of Refusal.—Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such persons driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so.

(Added Pub. L. 100–690, title VI, §6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, §3117; renumbered §3118, Pub. L. 101–647, title XXXV, §3574, Nov. 29, 1990, 104 Stat. 4929.)

Amendments

1990—Pub. L. 101–647 renumbered second section 3117 of this title as this section.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-3113 in the Legal Encyclopedia: Criminal Procedure

In this entry about 18-U.S.C.-3113, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.

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