2502 - Chemical test to determine amount of alcohol.

     § 2502.  Chemical test to determine amount of alcohol.        (a)  General rule.--Any person who hunts or takes or     attempts, aids, abets, assists or conspires to hunt or take     game, furbearers or wildlife shall be deemed to have given     consent to a chemical test of breath, blood or urine for the     purpose of determining the alcoholic content of blood or the     presence of a controlled substance if any officer whose duty it     is to enforce this title shall have reasonable grounds to     believe the person to have been hunting or taking, or assisting     or attempting to hunt or take, game, furbearers or wildlife     while under the influence of alcohol or a controlled substance.     The test shall be administered by personnel and equipment     approved by regulation of the commission.        (b)  Suspension for refusal.--            (1)  If any person apprehended for hunting or taking, or        aiding or assisting to hunt or take, game, furbearers or        wildlife while under the influence of alcohol or a controlled        substance, or both, is requested to submit to a chemical test        and refuses to do so, the test shall not be given, but, upon        notice by the officer, the commission shall, in addition to        any other penalty which may be imposed under this section:                (i)  suspend the hunting and trapping privileges of            the person for a period of one year; or                (ii)  revoke the hunting and trapping privileges of            the person for a period of three years for a second or            subsequent refusal within a period of three years.            (2)  It shall be the duty of the officer to inform the        person that the person's hunting and trapping privileges will        be suspended or revoked upon refusal to submit to a chemical        test.     Any person whose hunting and trapping privileges are suspended     under the provisions of this section shall have the same right     of appeal as provided for in cases of suspension or revocation     for other reasons.        (c)  Test results admissible in evidence.--In any summary     proceeding or criminal proceeding in which the defendant is     charged with hunting or taking, or assisting, aiding or     attempting to hunt or take, game, furbearers or wildlife while     under the influence of alcohol or a controlled substance, the     amount of alcohol or controlled substance in the defendant's     blood, as shown by a chemical testing of his breath, blood or     urine, which testing was conducted with equipment of a type     approved by regulation of the commission and operated by     approved personnel, shall be admissible in evidence.        (d)  Presumptions from amount of alcohol.--If chemical     analysis of a person's breath, blood or urine shows:            (1)  That the amount of alcohol by weight in the blood of        the person tested is 0.05% or less, it shall be presumed that        the person tested was not under the influence of alcohol, and        the person shall not be charged with any violation under        section 2501 (relating to hunting or furtaking prohibited        while under influence of alcohol or controlled substance),        or, if the person was so charged prior to the test, the        charge shall be void ab initio.            (2)  That the amount of alcohol by weight in the blood of        the person tested is in excess of 0.05% but less than 0.10%,        this fact shall not give rise to any presumption that the        person tested was or was not under the influence of alcohol,        but this fact may be considered with other competent evidence        in determining whether the person was or was not under the        influence of alcohol.            (3)  That the amount of alcohol by weight in the blood of        the person tested is 0.10% or more, it shall be presumed that        the defendant was under the influence of alcohol.        (e)  Other evidence admissible.--Subsections (a) through (d)     shall not be construed as limiting the introduction of any other     competent evidence bearing upon the question of whether or not     the defendant was under the influence of alcohol or a controlled     substance.        (f)  Test results available to defendant.--Upon the request     of the person tested, the results of any chemical test shall be     made available to that person or his attorney.        (g)  Blood test in lieu of breath test.--If for any reason a     person is physically unable to supply enough breath to complete     a chemical test, a physician or nurse, or a technician acting     under a physician's direction, may withdraw blood for the     purpose of determining its alcoholic content. The chemical     analysis of the blood taken under these circumstances shall be     admissible in evidence in the same manner as are the results of     the breath chemical test. The hunting and trapping privileges of     any person who refuses to allow a blood test under these     circumstances shall be suspended pursuant to subsection (b).        (h)  Test by personal physician.--The person tested shall be     permitted to have a physician of his own choosing administer an     additional breath, blood or urine chemical test, and the results     of the test shall also be admissible in evidence. The chemical     test given at the direction of a commission-approved officer     shall not be delayed by a person's attempt to obtain an     additional test.        (i)  Immunity from civil liability.--No physician, nurse or     technician or hospital employing the physician, nurse or     technician or other employer of the physician, nurse or     technician shall be civilly liable for the withdrawing of blood     and reporting of test results at the request of the commission     officer pursuant to this section.        (j)  Prearrest breath test authorized.--An officer of the     commission, having reasonable suspicion to believe a person is     hunting or furtaking while under the influence of alcohol, may     require that person prior to arrest to submit to a preliminary     breath test on a device approved by the commission for this     purpose. The sole purpose of this preliminary breath test is to     assist the officer in determining whether or not the person     should be placed under arrest. The preliminary breath test shall     be in addition to any other requirements of this section. No     person has any right to expect or demand a preliminary breath     test. Refusal to submit to this test shall not be considered for     purposes of subsections (b) and (e).