Title 22 — Highways and Motor Vehicles
19 chapters · 217 sections in this title.
A.S.C.A. § 22.0601 Consent to test
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A person who operates a motor vehicle upon the highways of American Samoa is deemed to have given consent to a chemical test of his breath, blood, urine or saliva for the purpose of determining the alcoholic content of his blood if arrested for driving a motor vehicle while under…
A.S.C.A. § 22.0602 Administration of test-Refusal-Report
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(a) A test shall be administered upon the request of a police officer having reasonable grounds to believe a person arrested to have been driving while under the influence of intoxicating liquor. (b) If a person under arrest for driving a motor vehicle while under the influence o…
A.S.C.A. § 22.0603 Evidence of refusal to submit to test
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If a person under arrest refuses to submit to a chemical test of his breath, blood, urine or saliva, evidence of his refusal shall be admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a m…
A.S.C.A. § 22.0604 Right to additional testing
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In addition to a chemical test of his breath, blood, urine or saliva administered upon the request of a police officer, a person arrested for driving a motor vehicle upon the highways of American Samoa while under the influence of intoxicating liquor shall be permitted, upon requ…
A.S.C.A. § 22.0605 Persons permitted to conduct chemical blood test
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In conducting a chemical test of the blood, only a duly licensed physician, Samoan medical officer, surgeon, registered nurse, licensed professional nurse or qualified technician may withdraw blood or pierce human tissue. History: 1972, PL 12-65 § 1. Amendments: 1986 Added surgeo…
A.S.C.A. § 22.0606 Right to results of test
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In any case in which a test of a person’s breath, blood, urine or saliva has been performed, the results of the tests shall be made available to the person upon request. History: 1972, PL 12-65 § 1.
A.S.C.A. § 22.0607 Presumptions based on alcoholic content of blood
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(a) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analy…
A.S.C.A. § 22.0608 Suspension for refusal to take test— Notice of right to hearing
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(a) Upon receipt of a report of a police officer, as required by subsection (b) of 22.0602, the Administrative Law Judge shall notify the reported person by personal service or by mail of the intention to suspend his license, permit or privilege to drive for a period of 90 days a…
A.S.C.A. § 22.0609 Hearing-Oaths and subpoenas
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(a) If a request for a hearing is filed, a hearing shall be held before the Administrative Law Judge, at a time and place set by him. (b) The Administrative Law Judge may administer oaths and shall issue subpoenas for the attendance of witnesses requested by the person requesting…
A.S.C.A. § 22.0610 Hearing-Record
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(a) The hearing shall be recorded by means determined by the Administrative Law Judge and shall include testimony and exhibits, if any. (b) The record of the proceedings may summarize testimony rather than reporting it verbatim, and shall not be transcribed unless requested by a …
A.S.C.A. § 22.0611 Hearing-Scope-Decision
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(a) The scope of the hearing shall be limited to: (1) whether the person, at the time he was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicating liquor; (2) whether the police officer had reasonable grounds to beli…
A.S.C.A. § 22.0612 Appeal
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(a) If, after a suspension hearing, an order of suspension is issued, the person shall have the right, within 30 days after he receives notice of the order of suspension, to appeal the matter by filing a petition in the district court. (b) The court, upon receipt of the petition,…