§47-751.

§47-751.
   
   A. 1. Any person who operates a motor vehicle upon the public roads,
   highways, streets, turnpikes or other public place within this state
   shall be deemed to have given consent to a test or tests of such
   person's blood or breath, for the purpose of determining the alcohol
   concentration as defined in Section 756 of this title, and such
   person's blood, saliva or urine for determining the presence and
   concentration of any other intoxicating substance therein as defined
   in this section, if arrested for any offense arising out of acts
   alleged to have been committed while the person was operating or in
   actual physical control of a motor vehicle upon the public roads,
   highways, streets, turnpikes or other public place while under the
   influence of alcohol or other intoxicating substance, or the combined
   influence of alcohol and any other intoxicating substance.
   
   2. A law enforcement officer, having reasonable grounds to believe
   that such person was operating or in actual physical control of a
   motor vehicle while under the influence may direct the administration
   of or administer the test or tests.
   
   As used in this title, the term "other intoxicating substance" shall
   mean any controlled dangerous substance as defined in the Uniform
   Controlled Dangerous Substances Act and any other substance, other
   than alcohol, which is capable of being ingested, inhaled, injected or
   absorbed into the human body and is capable of adversely affecting the
   central nervous system, vision, hearing or other sensory or motor
   functions.
   
   B. The law enforcement agency by which the arresting officer is
   employed may designate, in accordance with the rules and regulations
   of the Board of Tests for Alcohol and Drug Influence, hereinafter
   referred to as the Board, whether blood or breath is to be tested for
   the alcohol concentration thereof, and whether blood, saliva or urine
   is to be tested for the presence and concentration of any other
   intoxicating substance therein.
   
   In the event the law enforcement agency does not designate the test to
   be administered, breath shall be the substance tested for alcohol
   concentration. Blood may also be tested to determine the alcohol
   concentration thereof in the event that breath cannot be tested to
   determine the alcohol concentration thereof because of the lack of an
   approved device or qualified person to administer a breath test or
   because such breath test for any other reason cannot be administered
   in accordance with the rules of the Board.
   
   In the event the law enforcement agency does not designate the test to
   be administered, blood, saliva or urine shall be the substance tested
   for the presence and concentration of any other intoxicating substance
   or the combination of alcohol and any other intoxicating substance.
   
   C. In the event the person is incapable of submitting to and
   successfully completing, by reason of illness or injury or other
   physical disability, the test to be administered, an alternate test
   may be administered in accordance with the rules of the Board.
   
   D. Any person who is unconscious or otherwise incapable of refusing to
   submit to a test of such person's blood or breath to determine the
   alcohol concentration thereof, or to a test of such person's blood,
   saliva or urine to determine the presence and concentration of any
   other intoxicating substance therein, shall be deemed not to have
   withdrawn the consent provided by subsection A of this section, and
   such test may be administered as provided herein.
   
   An unconscious person who has been issued a citation by a law
   enforcement officer for one of the offenses listed in subsection A of
   this section is arrested for purposes of this section. The arresting
   officer must leave a copy of the citation with the arrested person
   which may be accomplished by handing it to the arrested person, or by
   leaving it with the personal effects of the arrested party, so as to
   inform the unconscious person of the arrest.
   
   Any person who has been arrested for one of the offenses listed in
   subsection A of this section who is unconscious or injured and who
   requires immediate medical treatment as determined by a treating
   physician may be released on the person's own recognizance for medical
   reasons by the arresting officer. The arresting officer who releases
   an arrested person on the person's own recognizance must indicate the
   release on the face of the citation. Any person released on his or her
   own recognizance for medical reasons shall remain at liberty pending
   the filing of charges.
   
   E. In addition to any test designated by the arresting officer, the
   arrested person may also designate any additional test to be
   administered to determine the concentration of alcohol, any other
   intoxicating substance or the combination of alcohol and any other
   intoxicating substance. The cost of such additional test shall be at
   the expense of the arrested person.
   
   A sufficient quantity of any specimen obtained at the designation of
   the arrested person shall be available to the law enforcement agency
   employing the arresting officer. Such specimens shall be treated in
   accordance with the rules applicable to the specimens obtained by an
   arresting officer.