462.361 Chemical tests of blood, breath, or urine; consent; administration.

243 words·~1 min read·/mi/chapter-462/462-361

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Sec. 361.

(1)A person who operates a locomotive engine upon the railroad tracks of this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood if:

(a)The person is arrested for a violation of section 353 or a local ordinance substantially corresponding to section 353(1) or (2).

(b)The person is arrested for murder or manslaughter resulting from the operation of a locomotive engine, and the peace officer had probable cause to believe that the person was operating the locomotive engine while impaired by or under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or while having a blood alcohol content of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2)A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.

(3)The chemical tests shall be administered as provided in section 359.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994 ;-- Am. 2002, Act 658 , Eff. Apr. 1, 2003