§ 3118. — Implied consent for certain tests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3118]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 205--SEARCHES AND SEIZURES
Sec. 3118. Implied consent for certain tests
(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.
(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.
