HARRY HUGHES, Governor

1427

10-305.

(A)  The defendant may select the type of test TO BE
administered[, and if]. IF facilities or equipment are not
available for that test then none may be given, and this
fact does not create an inference or presumption concerning
[either his] THE DEFENDANT'S guilt or innocence by reason of
his inability to take a test DUE TO FACILITIES OR EQUIPMENT
NOT BEING AVAILABLE. The fact of [his] THIS inability to
take a test is not admissible in evidence at [his] THE
trial, and this fact may not be considered a refusal to take
a test under the vehicle laws.

(B)  IF THE DEFENDANT SELECTS A TYPE OF TEST WHICH
COULD BE ADMINISTERED WITHIN THE 2 HOUR TIME LIMITATION, BUT
LATER CHANGES THE SELECTION TO A TYPE THAT, DUE TO THE
UNAVAILABILITY OF FACILITIES OR EQUIPMENT, CANNOT BE
ADMINISTERED WITHIN THE 2 HOUR TIME LIMITATION, THE POLICE
OFFICER MAY SELECT THE TYPE OF TEST TO BE ADMINISTERED,
PROVIDED THE FACILITIES OR EQUIPMENT ARE AVAILABLE AND THE
TEST CAN BE ADMINISTERED WITHIN THE 2 HOUR TIME LIMITATION.
FAILURE TO TAKE THE TEST SELECTED UNDER THE PROVISIONS OF
THIS SUBSECTION SHALL BE DEEMED A REFUSAL TO TAKE THE TEST
UNDER THE VEHICLE LAWS.

(C)  ANY PERSON WHO IS DEAD, UNCONSCIOUS, OR OTHERWISE
IN A CONDITION RENDERING HIM INCAPABLE OF TEST REFUSAL SHALL
BE DEEMED NOT TO HAVE WITHDRAWN CONSENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 5, 1981.

CHAPTER 241

(Senate Bill 494)

AN ACT concerning

Vehicle Laws - Preliminary Breath Test

FOR the purpose of providing that a police officer may
administer a preliminary breath test under certain
conditions; limiting the use of the results of the
evidence pertaining to a preliminary breath test;
requiring the police officer to advise the person to be
tested of the right to refuse the test or the taking of
the test; providing for approval of the device used for
testing; and generally relating to administering a
preliminary breath test.