§3118 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If you drive in certain federal areas (called the "special maritime and territorial jurisdiction of the United States"), you agree to give a blood, breath, or urine test if you are arrested for driving while under the influence. A police officer who has reasonable grounds to think you were driving impaired under State, territorial, or similar laws can ask for those tests. If you refuse after being told what will happen, you lose the right to drive in those federal areas for one year starting on the arrest date. Your refusal can be used as evidence in a DUI case. If you drive there during that year, you will be treated as driving without a license for any civil or criminal proceedings.

Title 18, §3118

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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.

Editorial Notes

Amendments

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

§3118 Implied consent for certain tests

Summary

Title 18, §3118

Notes & Related Subsidiaries

Editorial Notes

Amendments

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