§263A-1  Implied consent of operator ofaircraft to submit to testing to determine alcoholic content of blood. (a)  Any person who operates an aircraft within the State shall be deemed tohave given consent to a test approved by the director of health of the person'sbreath or blood for the purpose of determining the alcoholic content of theperson's blood.  The person shall have the option to take a test of theperson's breath or blood, or both.

(b)  The test or tests shall be administered atthe request of a law enforcement officer having probable cause to believe theperson operating or in actual physical control of an aircraft is under theinfluence of intoxicating liquor only after (1) a lawful arrest and (2) theofficer has informed the person of the sanctions of section 263A-5. [L 1991, c274, pt of §1]