18 U.S.C. § 3118 — Implied consent for certain tests

Page 710 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3118 § 3118. Implied consent for certain tests (a) CONSENT.—Whoever operates a motor vehi- cle in the special maritime and territorial juris- diction of the United States consents thereby to a chemical test or tests of such person’s blood, breath, or urine, if arrested for any offense aris- ing from such person’s driving while under the influence of a drug or alcohol in such jurisdic- tion. The test or tests shall be administered upon the request of a police officer having rea- sonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district. (b) EFFECT OF REFUSAL.—Whoever, having con- sented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the con- sequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case aris- ing from such person’s driving while under the influence of a drug or alcohol in such jurisdic- tion. Any person who operates a motor vehicle in the special maritime and territorial jurisdic- tion of the United States after having been de- nied such privilege under this subsection shall be treated for the purposes of any civil or crimi- nal proceedings arising out of such operation as operating such vehicle without a license to do so. (Added Pub. L. 100–690, title VI, § 6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, § 3117; renumbered § 3118, Pub. L. 101–647, title XXXV, § 3574, Nov. 29, 1990, 104 Stat. 4929.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–647 renumbered second section 3117 of this title as this section. CHAPTER 206—PEN REGISTERS AND TRAP AND TRACE DEVICES Sec. 3121. General prohibition on pen register and trap and trace device use; exception. 3122. Application for an order for a pen register or a trap and trace device. 3123. Issuance of an order for a pen register or a trap and trace device. 3124. Assistance in installation and use of a pen register or a trap and trace device. 3125. Emergency pen register and trap and trace device installation. 3126. Reports concerning pen registers and trap and trace devices. 3127. Definitions for chapter. Editorial Notes AMENDMENTS 1988—Pub. L. 100–690, title VII, §§ 7068, 7092(c), Nov. 18, 1988, 102 Stat. 4405, 4411, substituted ‘‘trap and trace’’ for ‘‘trap or trace’’ in item 3123, added item 3125, and redesignated former items 3125 and 3126 as 3126 and 3127, respectively. § 3121. General prohibition on pen register and trap and trace device use; exception (a) IN GENERAL.—Except as provided in this section, no person may install or use a pen reg- ister or a trap and trace device without first ob- taining a court order under section 3123 of this title or under the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1801 et seq.) or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Con- gress satisfies section 2523. (b) EXCEPTION.—The prohibition of subsection (a) does not apply with respect to the use of a pen register or a trap and trace device by a pro- vider of electronic or wire communication serv- ice— (1) relating to the operation, maintenance, and testing of a wire or electronic communica- tion service or to the protection of the rights or property of such provider, or to the protec- tion of users of that service from abuse of service or unlawful use of service; or (2) to record the fact that a wire or elec- tronic communication was initiated or com- pleted in order to protect such provider, an- other provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (3) where the con- sent of the user of that service has been ob- tained. (c) LIMITATION.—A government agency author- ized to install and use a pen register or trap and trace device under this chapter or under State law shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing, rout- ing, addressing, and signaling information uti- lized in the processing and transmitting of wire or electronic communications so as not to in- clude the contents of any wire or electronic communications. (d) PENALTY.—Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both. (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1868; amended Pub. L. 103–414, title II, § 207(b), Oct. 25, 1994, 108 Stat. 4292; Pub. L. 107–56, title II, § 216(a), Oct. 26, 2001, 115 Stat. 288; Pub. L. 115–141, div. V, § 104(3)(A), Mar. 23, 2018, 132 Stat. 1217.) Editorial Notes REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, re- ferred to in subsec. (a), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141 inserted before pe- riod at end ‘‘or an order from a foreign government that is subject to an executive agreement that the At- torney General has determined and certified to Con- gress satisfies section 2523’’. 2001—Subsec. (c). Pub. L. 107–56 inserted ‘‘or trap and trace device’’ after ‘‘pen register’’ and ‘‘, routing, ad-