Chemical test

In Arkansas, A.C.A. § 5-65-205 directs the Office of Driver Services to suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test under the subchapter containing that section. In Arkansas, the statute sets the consequence for refusing a chemical test of the person's breath, saliva or urine for the purpose of determining the alcohol concentration or controlled substance content of the person's blood or breath, according to whether it is a first offense or a later offense within a stated period of the first.

In Nebraska, Neb. Rev. Stat. § 60-498.02 directs the director to revoke the operator's license of a person arrested for refusal to submit to a chemical test of blood, breath, or urine as required by another Nebraska section. In Nebraska, the statute also directs revocation for a person who submits to such a test when it discloses the presence of a concentration of alcohol specified in a separate section.

In Nebraska, Neb. Rev. Stat. § 60-498.02 ties revocation to the expiration of a stated period after the date of arrest, or to a hearing after which the director finds the license should be revoked, and for a disclosed concentration the length also depends on prior administrative license revocations with final orders within a stated preceding period.

In Michigan, MCL 257.625e provides that if a person refuses to submit to a chemical test under a related Michigan section, the peace officer shall immediately notify the person in writing that the person may request a hearing, as provided in another Michigan section, within a stated period of the date of the notice. In Michigan, the statute requires the notice to state specifically that failure to request a hearing within that period will result in the suspension of the person's license or permit to drive.

In Missouri, Mo. Rev. Stat. § 577.012 defines the offense of driving with excessive blood alcohol content as operating a vehicle while having a stated percent or more by weight of alcohol in the blood, or a commercial motor vehicle with a lower stated percent or more. In Missouri, that percent is based on grams of alcohol per stated volume of blood or breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine, with the test conducted in accordance with a separate group of Missouri statutes.

In Virginia, Va. Code § 18.2-266 makes it unlawful to drive or operate any motor vehicle, engine or train with an alcohol concentration in the blood or breath at or above a stated level as indicated by a chemical test administered as provided in the same article. In Virginia, a charge under the statute supports a conviction under that ground or any of its other listed grounds.

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.