3-1004. Consent to chemical test; administration of tests; unreasonable refusal unlawful, penalty.
3-1004
3-1004. Consent to chemical test; administration of tests; unreasonable
refusal unlawful, penalty.
Any person who operates or has actual physical control of an aircraft within
this state shall be deemed to have given consent to submit to a chemical
test of blood, urine or breath, for the purpose of determining the amount
of alcoholic content in such person's body fluid, if such person is arrested
or otherwise taken into custody for any offense involving operating an aircraft
under the influence of intoxicating liquor in violation of a state statute
or a city ordinance and the arresting officer has reasonable grounds to
believe that prior to arrest the person was operating an aircraft under
the influence of intoxicating liquor. The test shall be administered at
the direction of a law enforcement officer. If a law enforcement officer
requests the arrested person to submit to a chemical test of blood, the
withdrawal of blood at the direction of the officer may be performed only
by: (1) a person licensed to practice medicine and surgery or a person acting
under the supervision of any such licensed person, (2) a registered nurse
or a licensed practical nurse, or (3) any qualified medical technician.
No person authorized by this section to withdraw blood, nor any person assisting
in the performance of a blood alcohol test or any hospital wherein such
blood is withdrawn or tested that has been directed by any law enforcement
officer to withdraw or test blood shall be liable in any civil or criminal
action when such act is performed in a reasonable manner according to generally
accepted medical practices in the community where performed. No law enforcement
officer who is acting pursuant to this section shall be liable for such
action in any civil or criminal proceeding involving such action. If the
person refuses a request to submit to a test of breath or blood, it shall
not be given and the law enforcement officer shall arrest such person for
refusal to submit to a blood alcohol test. Unreasonable refusal to submit
to a blood alcohol test under this section is a class C misdemeanor.
History: L. 1981, ch. 138, § 4; July 1.