47-751.

§47-751.


    A.  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.  The test
shall be administered by or at the direction of a law enforcement
officer after having arrested such person and having reasonable
grounds to believe that such person was operating or in actual
physical control of a motor vehicle within this state while under the
influence of alcohol or any other intoxicating substance, or the
combined influence of alcohol and any other intoxicating substance.
    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 and
regulations 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 therein.
    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 and regulations 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 his own recognizance for medical reasons by the arresting
officer.  The arresting officer who releases an arrested person on
his own recognizance must indicate that he has done so on the face of
the citation.  Any person released on their 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 same rules and regulations applicable
to the specimens obtained by an arresting officer.