18 U.S.C. § 3118 — Implied consent for certain tests
submitted 38 years ago by Pub. L. 100-690 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 278 words · no verdicts yet
Driving a motor vehicle in the United States’ special maritime and territorial jurisdiction implies consent to specified chemical tests after an impaired-driving arrest. Refusal after warning causes a one-year driving-privilege denial and may be used as evidence.
(a) Consent. Anyone operating a motor vehicle in the United States’ special maritime and territorial jurisdiction thereby consents to chemical tests of blood, breath, or urine if arrested for an offense arising from driving there under the influence of drugs or alcohol. A police officer may request the tests when the officer has reasonable grounds to believe the arrested person drove there under the influence in violation of State, territorial, possession, or district law. (b) Effect of refusal. A person who consented under (a) and, after being warned of the consequences, refuses the test must be denied the privilege to drive in that jurisdiction for one year starting on the arrest date of the refusal. The refusal may be admitted in a case arising from that impaired driving. Anyone driving there after that denial must be treated, in civil or criminal proceedings arising from the driving, as driving without a license.
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.
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 credit: (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.)
- 1988Enacted · Pub. L. 100-690 · 102 Stat. 4381
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4929
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-690 on 1988-11-18.
all 0 arguments · sorted by: best
no arguments yet — make the first case