32-1132.Tests for alcohol or drugs; procedures.(a) Any person who operates or attempts to operate a vessel withinthis state is deemed to have given consent, subject to the provisions ofthis act, to submit to one or more tests of the person's blood, breath,urine or other bodily substance to determine the presence of alcohol ordrugs. The testing deemed consented to herein shall include allquantitative and qualitative tests for alcohol and drugs. A person who isdead or unconscious shall be deemed not to have withdrawn the person'sconsent to such test or tests, which shall be administered in the mannerprovided by this section.
(b) A law enforcement officer shall request a person to submit to a testor tests deemed consented to under subsection (a) if the officer hasreasonable grounds to believe the person was operating or attempting tooperate a vessel while under the influence of alcohol or drugs, orboth, and one of the following conditions exists: (1) The person has beenarrested or otherwise taken into custody for any offense involvingoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both, in violation of a state statute ora city ordinance; or (2) the person has been involved in a vesselaccident or collision resulting in property damage, personal injury ordeath. The law enforcement officer directing administration of the test ortests may act on personal knowledge or on the basis of the collectiveinformation available to law enforcement officers involved in the accidentinvestigation or arrest.
(c) If a law enforcement officer requests a person to submit to a testof blood under this section, the withdrawal of blood at the direction ofthe officer may be performed only by: (1) A person licensed to practicemedicine and surgery or a person acting under the supervision of any suchlicensed person; (2) a registered nurse or a licensed practical nurse; or(3) any qualified medical technician. When presented with awritten statement by a law enforcement officer directing blood to bewithdrawn from a person who has tentatively agreed to allow the withdrawalof blood under this section, the person authorized herein to withdraw bloodand the medical care facility where blood is withdrawn may rely on such astatement as evidence that the person has consented to the medicalprocedure used and shall not require the person to sign any additionalconsent or waiver form. In such a case, the person authorized to withdrawblood and the medical care facility shall not be liable in any actionalleging lack of consent or lack of informed consent. No person authorizedby this subsection to withdraw blood, nor any person assisting in theperformance of a blood test nor any medical care facility where blood iswithdrawn or tested that has been directed by any law enforcement officerto withdraw or test blood, shall be liable in any civil or criminal actionwhen the act is performed in a reasonable manner according to generallyaccepted medical practices in the community where performed.
(d) If there are reasonable grounds to believe that there isimpairment by a drug which is not subject to detection by the blood orbreath test used, a urine test may be required. If a law enforcementofficer requests a person to submit to a test of urine under this section,the collection of the urine sample shall be supervised by persons of thesame sex as the person being tested and shallbe conducted out of the view of any person other than the personssupervising the collection of the sample and the person being tested,unless the right to privacy is waived by the person being tested.The results of qualitative testing for drug presence shall be admissiblein evidence and questions of accuracy or reliability shall go to the weightrather than the admissibility of the evidence.
(e) No law enforcement officer who is acting in accordance with thissection shall be liable in any civil or criminal proceeding involving the action.
(f) (1) Before a test or tests are administered under this section, theperson shall be given oral and written notice that: (A) There is no rightto consult with an attorney regarding whether to submit to testing; (B)refusal to submit totesting may be used against the person at any trial on a charge arising outof the operation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; (C) the results of the testing maybe used against the person at any trial on a charge arising out of theoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; and (D) after the completion of thetesting, the person has the right to consult with an attorney and maysecure additional testing, which, if desired, should be done as soon aspossible and is customarily available from medical care facilities andphysicians. After giving the foregoing information, a law enforcementofficer shall request the person to submit to testing. The selection of thetest or tests shall be made by the officer. If the person refuses to submitto and complete a test as requested pursuant to this section, additionaltesting shall not be given.The person's refusal shall be admissible in evidence against the person atany trial on a charge arising out of the alleged operation or attemptedoperation of a vessel while under the influence of alcohol or drugs, or both.
(2) Failure of a person to provide an adequate breath sample or samplesas directed shall constitute a refusal unless the person shows that thefailure was due to physical inability caused by a medical conditionunrelated to any ingested alcohol or drugs.
(3) It shall not be a defense that the person did not understand thewritten or oral notice required by this section.
(g) Nothing in this section shall be construed to limit theadmissibility at any trial of alcohol or drug concentration testing resultsobtained pursuant to a search warrant.
(h) Upon the request of any person submitting to testing under thissection, a report of the results of the testing shall be made available to suchperson.
(i) In addition to any other penalties prescribed by law or rule andregulation, any person refusing to take a test or tests when requested to do soby a law enforcement officer pursuant to this section shall be required tosatisfactorily complete a boater education course of instruction approved bythe secretary before such person subsequently operates or attempts to operateany vessel.
History: L. 1987, ch. 403, § 3;L. 1993, ch. 259, § 11; July 1.
32-1132.Tests for alcohol or drugs; procedures.(a) Any person who operates or attempts to operate a vessel withinthis state is deemed to have given consent, subject to the provisions ofthis act, to submit to one or more tests of the person's blood, breath,urine or other bodily substance to determine the presence of alcohol ordrugs. The testing deemed consented to herein shall include allquantitative and qualitative tests for alcohol and drugs. A person who isdead or unconscious shall be deemed not to have withdrawn the person'sconsent to such test or tests, which shall be administered in the mannerprovided by this section.
(b) A law enforcement officer shall request a person to submit to a testor tests deemed consented to under subsection (a) if the officer hasreasonable grounds to believe the person was operating or attempting tooperate a vessel while under the influence of alcohol or drugs, orboth, and one of the following conditions exists: (1) The person has beenarrested or otherwise taken into custody for any offense involvingoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both, in violation of a state statute ora city ordinance; or (2) the person has been involved in a vesselaccident or collision resulting in property damage, personal injury ordeath. The law enforcement officer directing administration of the test ortests may act on personal knowledge or on the basis of the collectiveinformation available to law enforcement officers involved in the accidentinvestigation or arrest.
(c) If a law enforcement officer requests a person to submit to a testof blood under this section, the withdrawal of blood at the direction ofthe officer may be performed only by: (1) A person licensed to practicemedicine and surgery or a person acting under the supervision of any suchlicensed person; (2) a registered nurse or a licensed practical nurse; or(3) any qualified medical technician. When presented with awritten statement by a law enforcement officer directing blood to bewithdrawn from a person who has tentatively agreed to allow the withdrawalof blood under this section, the person authorized herein to withdraw bloodand the medical care facility where blood is withdrawn may rely on such astatement as evidence that the person has consented to the medicalprocedure used and shall not require the person to sign any additionalconsent or waiver form. In such a case, the person authorized to withdrawblood and the medical care facility shall not be liable in any actionalleging lack of consent or lack of informed consent. No person authorizedby this subsection to withdraw blood, nor any person assisting in theperformance of a blood test nor any medical care facility where blood iswithdrawn or tested that has been directed by any law enforcement officerto withdraw or test blood, shall be liable in any civil or criminal actionwhen the act is performed in a reasonable manner according to generallyaccepted medical practices in the community where performed.
(d) If there are reasonable grounds to believe that there isimpairment by a drug which is not subject to detection by the blood orbreath test used, a urine test may be required. If a law enforcementofficer requests a person to submit to a test of urine under this section,the collection of the urine sample shall be supervised by persons of thesame sex as the person being tested and shallbe conducted out of the view of any person other than the personssupervising the collection of the sample and the person being tested,unless the right to privacy is waived by the person being tested.The results of qualitative testing for drug presence shall be admissiblein evidence and questions of accuracy or reliability shall go to the weightrather than the admissibility of the evidence.
(e) No law enforcement officer who is acting in accordance with thissection shall be liable in any civil or criminal proceeding involving the action.
(f) (1) Before a test or tests are administered under this section, theperson shall be given oral and written notice that: (A) There is no rightto consult with an attorney regarding whether to submit to testing; (B)refusal to submit totesting may be used against the person at any trial on a charge arising outof the operation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; (C) the results of the testing maybe used against the person at any trial on a charge arising out of theoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; and (D) after the completion of thetesting, the person has the right to consult with an attorney and maysecure additional testing, which, if desired, should be done as soon aspossible and is customarily available from medical care facilities andphysicians. After giving the foregoing information, a law enforcementofficer shall request the person to submit to testing. The selection of thetest or tests shall be made by the officer. If the person refuses to submitto and complete a test as requested pursuant to this section, additionaltesting shall not be given.The person's refusal shall be admissible in evidence against the person atany trial on a charge arising out of the alleged operation or attemptedoperation of a vessel while under the influence of alcohol or drugs, or both.
(2) Failure of a person to provide an adequate breath sample or samplesas directed shall constitute a refusal unless the person shows that thefailure was due to physical inability caused by a medical conditionunrelated to any ingested alcohol or drugs.
(3) It shall not be a defense that the person did not understand thewritten or oral notice required by this section.
(g) Nothing in this section shall be construed to limit theadmissibility at any trial of alcohol or drug concentration testing resultsobtained pursuant to a search warrant.
(h) Upon the request of any person submitting to testing under thissection, a report of the results of the testing shall be made available to suchperson.
(i) In addition to any other penalties prescribed by law or rule andregulation, any person refusing to take a test or tests when requested to do soby a law enforcement officer pursuant to this section shall be required tosatisfactorily complete a boater education course of instruction approved bythe secretary before such person subsequently operates or attempts to operateany vessel.
History: L. 1987, ch. 403, § 3;L. 1993, ch. 259, § 11; July 1.
32-1132.Tests for alcohol or drugs; procedures.(a) Any person who operates or attempts to operate a vessel withinthis state is deemed to have given consent, subject to the provisions ofthis act, to submit to one or more tests of the person's blood, breath,urine or other bodily substance to determine the presence of alcohol ordrugs. The testing deemed consented to herein shall include allquantitative and qualitative tests for alcohol and drugs. A person who isdead or unconscious shall be deemed not to have withdrawn the person'sconsent to such test or tests, which shall be administered in the mannerprovided by this section.
(b) A law enforcement officer shall request a person to submit to a testor tests deemed consented to under subsection (a) if the officer hasreasonable grounds to believe the person was operating or attempting tooperate a vessel while under the influence of alcohol or drugs, orboth, and one of the following conditions exists: (1) The person has beenarrested or otherwise taken into custody for any offense involvingoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both, in violation of a state statute ora city ordinance; or (2) the person has been involved in a vesselaccident or collision resulting in property damage, personal injury ordeath. The law enforcement officer directing administration of the test ortests may act on personal knowledge or on the basis of the collectiveinformation available to law enforcement officers involved in the accidentinvestigation or arrest.
(c) If a law enforcement officer requests a person to submit to a testof blood under this section, the withdrawal of blood at the direction ofthe officer may be performed only by: (1) A person licensed to practicemedicine and surgery or a person acting under the supervision of any suchlicensed person; (2) a registered nurse or a licensed practical nurse; or(3) any qualified medical technician. When presented with awritten statement by a law enforcement officer directing blood to bewithdrawn from a person who has tentatively agreed to allow the withdrawalof blood under this section, the person authorized herein to withdraw bloodand the medical care facility where blood is withdrawn may rely on such astatement as evidence that the person has consented to the medicalprocedure used and shall not require the person to sign any additionalconsent or waiver form. In such a case, the person authorized to withdrawblood and the medical care facility shall not be liable in any actionalleging lack of consent or lack of informed consent. No person authorizedby this subsection to withdraw blood, nor any person assisting in theperformance of a blood test nor any medical care facility where blood iswithdrawn or tested that has been directed by any law enforcement officerto withdraw or test blood, shall be liable in any civil or criminal actionwhen the act is performed in a reasonable manner according to generallyaccepted medical practices in the community where performed.
(d) If there are reasonable grounds to believe that there isimpairment by a drug which is not subject to detection by the blood orbreath test used, a urine test may be required. If a law enforcementofficer requests a person to submit to a test of urine under this section,the collection of the urine sample shall be supervised by persons of thesame sex as the person being tested and shallbe conducted out of the view of any person other than the personssupervising the collection of the sample and the person being tested,unless the right to privacy is waived by the person being tested.The results of qualitative testing for drug presence shall be admissiblein evidence and questions of accuracy or reliability shall go to the weightrather than the admissibility of the evidence.
(e) No law enforcement officer who is acting in accordance with thissection shall be liable in any civil or criminal proceeding involving the action.
(f) (1) Before a test or tests are administered under this section, theperson shall be given oral and written notice that: (A) There is no rightto consult with an attorney regarding whether to submit to testing; (B)refusal to submit totesting may be used against the person at any trial on a charge arising outof the operation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; (C) the results of the testing maybe used against the person at any trial on a charge arising out of theoperation or attempted operation of a vessel while under theinfluence of alcohol or drugs, or both; and (D) after the completion of thetesting, the person has the right to consult with an attorney and maysecure additional testing, which, if desired, should be done as soon aspossible and is customarily available from medical care facilities andphysicians. After giving the foregoing information, a law enforcementofficer shall request the person to submit to testing. The selection of thetest or tests shall be made by the officer. If the person refuses to submitto and complete a test as requested pursuant to this section, additionaltesting shall not be given.The person's refusal shall be admissible in evidence against the person atany trial on a charge arising out of the alleged operation or attemptedoperation of a vessel while under the influence of alcohol or drugs, or both.
(2) Failure of a person to provide an adequate breath sample or samplesas directed shall constitute a refusal unless the person shows that thefailure was due to physical inability caused by a medical conditionunrelated to any ingested alcohol or drugs.
(3) It shall not be a defense that the person did not understand thewritten or oral notice required by this section.
(g) Nothing in this section shall be construed to limit theadmissibility at any trial of alcohol or drug concentration testing resultsobtained pursuant to a search warrant.
(h) Upon the request of any person submitting to testing under thissection, a report of the results of the testing shall be made available to suchperson.
(i) In addition to any other penalties prescribed by law or rule andregulation, any person refusing to take a test or tests when requested to do soby a law enforcement officer pursuant to this section shall be required tosatisfactorily complete a boater education course of instruction approved bythe secretary before such person subsequently operates or attempts to operateany vessel.
History: L. 1987, ch. 403, § 3;L. 1993, ch. 259, § 11; July 1.
