BLAIR LEE III, Acting Governor
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is deemed to have consented to take a chemical test for
alcohol.
(2) Each unlicensed individual who drives or
attempts to drive a motor vehicle [on a highway] OR ON
ANY PRIVATE PROPERTY THAT IS USED BY THE PUBLIC IN GENERAL
in this State is deemed to have consented to take a chemical
test for alcohol.
(3) The nonresident or unlicensed driver may
not be compelled to take a chemical test for alcohol.
However, the detaining police officer shall advise him that
his refusal is an abuse of the privilege granted by this
State to drive on the highways and that the Administration
may suspend that privilege for not more than 60 days on
receipt of a sworn statement from the officer that the
driver was so charged and refused to submit to take a
chemical test for alcohol.
(c) If a police officer stops or detains any
individual who the police officer has reasonable grounds to
believe is or has been driving or attempting to drive a
motor vehicle while intoxicated or while his driving ability
is impaired by the consumption of alcohol, the police
officer shall:
(1) Detain the individual;
(2) Request that the individual permit a
chemical test to be taken of his blood or breath to
determine the alcoholic content of his blood;
(3) Advise the individual of the administrative
penalties that may be imposed for refusal to take the test;
(4) If the individual is licensed under this
title, furnish him with a copy of the statement set forth in
subsection (a) of this section and inform the individual
that he signed this statement when applying for a license;
and
(5) If the individual refuses to take the test,
file with the Administration, within 48 hours after
detention, a sworn report that:
(i) The officer had reasonable grounds to
believe that the individual had been driving or attempting
to drive a motor vehicle [on a highway] OR ON ANY
PRIVATE PROPERTY THAT IS USED BY THE PUBLIC IN GENERAL in
this State while intoxicated or while his driving ability
was impaired by the consumption of alcohol; and
(ii) The individual refused to take the
chemical test for alcohol when requested by the police
officer and after being informed of the administrative
penalties that may be imposed for refusal.
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