3-1004.   Consent to chemical test; administration of tests; unreasonablerefusal unlawful, penalty.Any person who operates or has actual physical control of an aircraft withinthis state shall be deemed to have given consent to submit to a chemicaltest of blood, urine or breath, for the purpose of determining the amountof alcoholic content in such person's body fluid, if such person is arrestedor otherwise taken into custody for any offense involving operating an aircraftunder the influence of intoxicating liquor in violation of a state statuteor a city ordinance and the arresting officer has reasonable grounds tobelieve that prior to arrest the person was operating an aircraft underthe influence of intoxicating liquor. The test shall be administered atthe direction of a law enforcement officer. If a law enforcement officerrequests the arrested person to submit to a chemical test of blood, thewithdrawal of blood at the direction of the officer may be performed onlyby: (1) a person licensed to practice medicine and surgery or a person actingunder the supervision of any such licensed person, (2) a registered nurseor a licensed practical nurse, or (3) any qualified medical technician. No person authorized by this section to withdraw blood, nor any person assistingin the performance of a blood alcohol test or any hospital wherein suchblood is withdrawn or tested that has been directed by any law enforcementofficer to withdraw or test blood shall be liable in any civil or criminalaction when such act is performed in a reasonable manner according to generallyaccepted medical practices in the community where performed. No law enforcementofficer who is acting pursuant to this section shall be liable for suchaction in any civil or criminal proceeding involving such action. If theperson refuses a request to submit to a test of breath or blood, it shallnot be given and the law enforcement officer shall arrest such person forrefusal to submit to a blood alcohol test. Unreasonable refusal to submitto a blood alcohol test under this section is a class C misdemeanor.

      History:   L. 1981, ch. 138, § 4; July 1.