§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 […]
§263A-10 Evidence of intoxication. (a) In any criminal prosecution for a violation of section 263-11, four-hundredths per cent or more by weight of alcohol in the defendant’s blood within four hours after the time of the alleged violation as shown by chemical analysis of the defendant’s blood or breath or other approved analytical technique shall […]
§263A-2 Persons qualified to take blood specimen. No person, other than a physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of a breath specimen. [L 1991, c 274, pt […]
§263A-3 Additional tests. The person tested may select and allow any physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood or have any person administer a test or tests in addition to any administered at the direction of a law enforcement officer. The results of the additional […]
§263A-4 Consent of person incapable of refusal not withdrawn. The consent of a person deemed to have given consent pursuant to section 263A-1 shall not be withdrawn by reason of the person’s being dead, unconscious, or in any other state which renders the person incapable of consenting to examination, and the test may be given. […]
§263A-5 Revocation of privilege to operate an aircraft upon refusal to submit to testing. (a) If a person under arrest refuses to submit to a breath or blood test, none shall be given except as provided in section 263A-9, but the law enforcement officer, as soon as practicable, shall submit an affidavit to a district […]
§263A-6 Hearing before a district judge. A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit. The district judge shall hear and determine: (1) Whether the law enforcement officer had probable cause to believe that the person […]
§263A-7 Notice to Federal Aviation Administration. When it is determined under this chapter that a nonresident’s privilege to operate an aircraft from a state or private airport shall be prohibited, the director of transportation shall so inform the administrator of the Federal Aviation Administration in writing. [L 1991, c 274, pt of §1]
§263A-8 Test results to be collected. The results of any test for alcohol content made upon the operator of an aircraft involved in an accident shall be sent to the state director of transportation who shall compile the data without revealing the identity of any individual tested. This data shall be available only to the […]
§263A-9 Applicable scope of chapter. Nothing in this chapter shall be construed to prevent a law enforcement officer from obtaining a sample of breath or blood as evidence of intoxication from the operator of any aircraft involved in an accident resulting in injury to or death of any person. [L 1991, c 274, pt of […]
