41-6a-524 - Refusal as evidence.
41-6a-524. Refusal as evidence.
If a person under arrest refuses to submit to a chemical test or tests or any additional testunder Section 41-6a-520, evidence of any refusal is admissible in any civil or criminal action orproceeding arising out of acts alleged to have been committed while the person was operating orin actual physical control of a motor vehicle while:
(1) under the influence of:
(a) alcohol;
(b) any drug; or
(c) a combination of alcohol and any drug;
(2) having any measurable controlled substance or metabolite of a controlled substancein the person's body;
(3) having any measurable or detectable amount of alcohol in the person's body if theperson is an alcohol restricted driver as defined under Section 41-6a-529; or
(4) having any measurable or detectable amount of alcohol in the person's body if theperson has been issued a conditional license under Section 53-3-232.
Enacted by Chapter 2, 2005 General Session
Amended by Chapter 91, 2005 General Session