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.