§ 3-304. Refusal to submit to testing.

A.  If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the concentration of any intoxicant, none shall be given, unless the investigating officer has probable cause to believe that the person under arrest, while intoxicated, has operated an aircraft in such a manner as to have caused the death or serious physical injury of any other person or persons.  In such event, such test otherwise authorized by law may be made in the same manner as if a search warrant had been issued for such test or tests.  The sample shall be taken in a medically acceptable manner at a hospital or other suitable health care facility.

B.  Any refusal by a conscious person to submit to testing shall be reported to the Federal Aviation Administration Flight Standards District Office having jurisdiction over the county in which the alleged violation of Section 1 of this act occurred.

Added by Laws 1991, c. 248, § 4, eff. Sept. 1, 1991.