§ 3118. Implied consent for certain tests

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 title VI § 6477(b)(1) · 102 Stat. 4181

   Enacted · 18 U.S.C. § 3118

   Added Pub. L. 100–690, title VI, § 6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, § 3117

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VI, § 6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, § 3117

   Enacted provision · exact public law section
   (1) Chapter 205 of title 18, United States Code, is amended by adding at the end the following: “§ 3117. Implied consent for certain tests “(a) Consent.— Whoever operates a motor vehicle in the special Motor vehicles. 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.”.

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XXXV § 3574 · 104 Stat. 4789

   Changed · 18 U.S.C. § 3118

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

   Source evidence

   Code amendment note
   Pub. L. 101–647 renumbered second section 3117 of this title as this section.

   Enacted provision · exact public law section
   SEC. 3574. REDESIGNATION OF DUPLICATE SECTION 3117. Section 3117 of title 18, United States Code, that relates to implied consent for certain tests, is redesignated as section 3118.

2 of 2 references resolved to an enrolled provision