§263A-1 Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood.
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§263A-1 Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood.
(a)Any person who operates an aircraft within the State shall be deemed to have given consent to a test approved by the director of health of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood. The person shall have the option to take a test of the person's breath or blood, or both.
(b)The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating or in actual physical control of an aircraft is under the influence of intoxicating liquor only after:
(1)A lawful arrest; and
(2)The officer has informed the person of the sanctions of section 263A-5. [L 1991, c 274, pt of §1; am L 2020, c 70, §14]