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CITE

    18 USC Sec. 3118                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 205 - SEARCHES AND SEIZURES

HEAD

    Sec. 3118. Implied consent for certain tests

STATUTE

      (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 person's blood, breath,
    or urine, if arrested for any offense arising from such person's
    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
    person's 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.

SOURCE

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

AMENDMENTS

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