18 U.S.C. § 3118

Implied consent for certain tests

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(a)Consent.—Whoever operates a motor vehicle in the special 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.(Added Pub. L. 100–690, title VI, § 6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, § 3117; renumbered § 3118, Pub. L. 101–647, title XXXV, § 3574, Nov. 29, 1990, 104 Stat. 4929.)Editorial NotesAmendments

1990—Pub. L. 101–647 renumbered second section 3117 of this title as this section.

Notes of Decisions
Cited in 26 cases, 1992–2015 · leading case: Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194 (1993).
Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194 (1993). · cites it 2× “, 18 U. S. C. § 3118 (a) (1988 ed., Supp. II) ("such person's driving while under the influence of a drug or alcohol"), kidnaping, see, e.”
United States v. Moran, 65 M.J. 178 (C.A.A.F. 2007). · cites it 2× “18 U.S.C. § 3118 (b). 17 United States v.”
United States v. Prasit Imngren, United States of Am. v. Kenneth Johnson, 98 F.3d 811 (4th Cir. 1996). · cites it 3× “Such a comparison ignores the fact that the territorial scope of a state suspension is much broader than the territorial scope of Army Regulation 190-5 and 18 U.S.C.A. § 3118 (b). In fact, despite their suspensions, Imngren and Johnson may still drive on most of the roads in the…”
State, Dep't of Motor Vehs. & Pub. Saf. v. Lovett, 874 P.2d 1247 (Nev. 1994). · cites it 2× “See 18 U.S.C. § 3118 (1993). However, as the sanction is limited to the federal enclave and is only enforceable by a federal judge, this provision does not conflict with or duplicate the state's broader sanction of revoking the license altogether.”
United States v. Sauls, 981 F. Supp. 909 (D. Maryland 1997). · cites it 3× “The defendant has raised the following issues concerning the chemical test: (1) the military police should have utilized the federal implied consent law under 18 U.S.C. § 3118 rather than the state procedure under Trans.”
Brune v. Admin. Dir. of the Courts, 130 P.3d 1037 (Haw. 2006). · cites it 2× “” Aso, listed as “prescribing directives” on the Implied Consent form are 18 U.S.C. § 3118 15 and the Administrative Revocation Law, Hawaii Revised Statutes.”
United States v. Sugiyama, 113 F. Supp. 3d 784 (D. Maryland 2015). · cites it 5× “23 and 18 U.S.C. § 3118 apply to this case. Title 36 C.”
United States v. Daniel G. Chapel, 55 F.3d 1416 (9th Cir. 1995). “Chapel contends that the taking of his blood without an arrest violated the federal “implied consent” statute, 18 U.S.C. § 3118 . Section 3118 provides, in pertinent part: (a) Consent.”
United States v. Dillon, 983 F. Supp. 1037 (D. Kan. 1997). · cites it 4× “Furthermore, there is a federal statute, 18 U.S.C. § 3118 , which is an implied consent statute for federal jurisdictions.”
United States v. Swift Hawk, 125 F. Supp. 2d 384 (D.S.D. 2000). · cites it 4× “] The federal “implied consent law” is found at 18 U.S.C. § 3118 . The implied consent for a blood test does not come into existence unless the driver has first been arrested for any offense arising from such person having operated a motor vehicle in the special maritime or…”
United States v. Love, 141 F.R.D. 315 (D. Colo. 1992). · cites it 2× “*318 The second statute cited is 18 U.S.C. § 3118 . That statute reads as follows: (a) Consent.”
United States v. Pond, 36 M.J. 1050 (1993). “See 18 U.S.C. § 3118 (a) (1990). *1057 Therefore, if appellant had been prosecuted in a California court, California implied consent law and the Fourth Amendment would have applied to the taking of appellant’s urine sample.”
— 18 U.S.C. § 3118(b) — 1 case
United States v. Prasit Imngren, United States of Am. v. Kenneth Johnson, 98 F.3d 811 (4th Cir. 1996). “Such a comparison ignores the fact that the territorial scope of a state suspension is much broader than the territorial scope of Army Regulation 190-5 and 18 U.S.C.A. § 3118 (b). In fact, despite their suspensions, Imngren and Johnson may still drive on most of the roads in the…”
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