38.02.100 Implied Consent to Determine Alcohol and Drug Content of Blood

Any person who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state is deemed to have consent, and shall consent, subject to the provisions of this chapter, to a chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of determining the alcoholic, other drug, or combination thereof, content of the blood. As used in this chapter the word "drug" means any drug or substance or combination of drugs or substances which renders a person incapable of safely driving, and the words "chemical test" or chemical analysis" means any test to determine the alcoholic, or drug, or combination thereof, content of the blood, breath, or urine, approved by the state toxicologist under this chapter. The test or tests must be administered at the direction of a law enforcement officer only after placing the person, except persons mentioned in Section 38.02.130 under arrest and informing that the person is or will be charged with the offense of driving or being in actual physical control of a vehicle upon the public highways under the influence of intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking of custody of a child as defined under Section 5.01.020(a) satisfies the requirement of an arrest. The law enforcement officer shall also inform the charged that refusal of the person to submit to the test determined appropriate will result in a revocation for up to three of the person's driving privileges. The law enforcement officer shall determine which of the tests is to be used. When a child is taken into custody for violating Section 38.02.080 or an equivalent ordinance, the law enforcement officer shall diligently attempt to contact the child's parent or legal guardian to explain the cause for the custody and the implied consent chemical testing requirements. Neither the law enforcement officer's efforts to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with the administration of chemical testing requirements this Chapter.