Page:United States Statutes at Large Volume 76A.djvu/571

–475– -475§ 1712. Persons qualified to administer tests; additional tests; release of information Only a physician, or a qualified technicianj chemist, nurse or other qualified person acting at the request of a police officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath, saliva, or urine specimen. The person tested may have a physician, or a qualified technician, chemist, nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a police officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests taken at the direction of a police officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the police officer shall be made available to him. § 1713. Consent of person incapable of refusal not withdrawn A person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by section 1711 of this title, and the test or tests may be given. § 1714. Revocation of driving privilege upon refusal to submit to test; regulations; temporary suspension pending hearing (a) If a person under arrest refuses to submit to chemical testing, none shall be given, but his license, permit to drive, or nonresident operating privilege shall be revoked for a period of one year pursuant to such regulations as shall be prescribed by the President or his designee pursuant to section 1001 of Title 2. (b) The regulations provided for by subsection (a) of this section shall grant the person an opportunity to be heard within a reasonable time on the issues of whether the arresting officer had reasonable grounds to believe that the person had been operating or driving an automobile, motorcycle or other motor vehicle while intoxicated, whether the person was placed under arrest and whether he refused to submit to the test or tests. Whether the person was informed that his privilege to drive would be revoked or denied if he refused to submit to the test or tests shall not be an issue. (c) The regulations provided for by subsection (a) of this section may provide that a license, permit or nonresident operating privilege may, upon the basis of a sworn report of the police officer that he had reasonable grounds to believe the arrested person to have been driving in an intoxicated condition and that he had refused to submit to chemical testing, be temporarily suspended without notice pending the determination upon the hearing. § 1715. Interpretation of chemical tests Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving an automobile, motorcycle or other motor vehicle while intoxicated, evidence of the amount of alcohol in the person's blood at the time of the act alleged, or within two hours of the time of the arrest, as shown by a chemical analysis of his blood, breath, saliva or urine is admissible. For the purpose of this section: (1) evidence that there was, at such time, five-hundredths of one per cent or less by weight of alcohol in his blood is prima facie evidence that the person was not intoxicated; (2) evidence that there was, at such time, more than five-hundredths of one per cent and less than fifteen-hundredths of one per cent by weight of alcohol in the person's blood is relevant evi-

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