§ 27-23-115 - Implied consent requirements for commercial motor vehicle drivers.
27-23-115. Implied consent requirements for commercial motor vehicle drivers.
(a) A person who drives a commercial motor vehicle within this state shall be deemed to have given consent, subject to the provisions of 5-65-202, to take a test or tests of that person's blood, breath, or urine for the purpose of determining that person's blood alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol in his or her system. It shall be unlawful and punishable as provided in this chapter for any person so stopped or detained to refuse to submit to such test or tests to determine that person's blood alcohol concentration or the presence of other drugs.
(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle under 27-23-112 and 5-65-402.
(d) If the person is under arrest and refuses testing, no test shall be given, and the person's commercial driver license shall be seized by the law enforcement officer. The officer shall immediately deliver to the person whose license was seized a temporary commercial driving permit as provided by 5-65-402 and shall cite the person for his or her refusal to submit to the test.
(e) The arresting officer shall remit the seized commercial driver license to the Office of Driver Services as provided by 5-65-402.
(f) The office shall disqualify the person from operating a commercial motor vehicle for a period specified in 27-23-112 under the procedure set forth in 5-65-402, and the disqualified person shall have the same right to administrative and judicial review provided by 5-65-402.