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• Elements of the Offense
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• Federal DUI Case
  • Implied Consent
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• California DUI Resources

Implied Consent Law

United States Code section 3118 provides:

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 speicial 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.

Effect of refusal to submit to a chemical test following a DUI arrest on federal property is as follows:

Whoever, having consented to a test or tests by reason of United States Code, section 3118, subsection (a), refuses to submit to such a test or tests, after first having 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 cirminal proceedings arising out of such operation as operating such vehicle without a license to do so.

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