Us Code § 3118 - Implied consent for certain tests

Full text of Us Code United States Code § 3118 — Implied consent for certain tests, with citation guidance and answers to common questions.

§ 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, §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.)


Editorial Notes

Amendments

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

CHAPTER 206—PEN REGISTERS AND TRAP AND TRACE DEVICES

Sec.
3121.
General prohibition on pen register and trap and trace device use; exception.
3122.
Application for an order for a pen register or a trap and trace device.
3123.
Issuance of an order for a pen register or a trap and trace device.
3124.
Assistance in installation and use of a pen register or a trap and trace device.
3125.
Emergency pen register and trap and trace device installation.
3126.
Reports concerning pen registers and trap and trace devices.
3127.
Definitions for chapter.

        

Editorial Notes

Amendments

1988—Pub. L. 100–690, title VII, §§7068, 7092(c), Nov. 18, 1988, 102 Stat. 4405, 4411, substituted "trap and trace" for "trap or trace" in item 3123, added item 3125, and redesignated former items 3125 and 3126 as 3126 and 3127, respectively.

About This Section

18 U.S.C. § 3118 is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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Frequently Asked Questions About Us Code § 3118

What does United States Code § 3118 cover?

Section 3118 ("Implied consent for certain tests") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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