An Act to provide that any person operating a motor vehicle within the District of Columbia shall be deemed to have given his consent to a chemical test of his blood, breath, or urine, for the purpose of determining the blood alcohol content
PL 92-519 (S.4059), enacted 10/21/1972

1016 
PUBLIC LAW 92-519-OCT. 21, 1972 
[86 STAT. 
Recordkeeping. 
Penalty. 
139; 
63 Stat 
84 Stat. 581 
Utilities, 
taxes. 
53 Stat. 1107; 
70 Stat. 599. 
Effective date. 
(3) Within twenty days after the effective date of the amendment 
made by subsection (a), each such licensee (A) shall file with the 
Commissioner a sworn statement (on a form to be prescribed by the 
Commissioner) showing the number of such cigarette tax stamps held 
by him as of the beginning of the day on which the amendment made 
by subsection (a) becomes effective or, if such day is a Sunday, as of 
the beginning of the following day, and (B) shall pay to the Com-
missioner the amount specified in paragraph (2). 
(4) Each such licensee shall keep and preserve for the twelve-month 
period immediately following the effective date of the amendment 
made by subsection (a) the inventories and other records made which 
form the basis for the information furnished to the Commissioner on 
the sworn statement required to be filed under this subsection. 
(5) For purposes of this subsection, a tax stamp shall be considered 
as held by a wholesaler, retailer, or vending machine operator if title 
thereto has passed to such wholesaler, retailer, or operator (whether 
or not delivery to him has been made) and if title to such stamp has 
not at any time been transferred to any person other than such whole-
saler, retailer, or operator. 
(6) A violation of the provisions of paragraph (2), (3), or (4) of 
this subsection shall be punishable as provided in section 611 of the 
District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2810). 
SEC. 303. (a) Paragraph numbered 5 of section 6 of the Act entitled 
"An Act making appropriations to provide for expenses of the govern-
ment of the District of Columbia for the fiscal year ending June 
thirtieth, nineteen hundred and three, and for other purposes", 
approved July 1,1902 (D.C. Code, sec. 47-1701), is amended by strik-
ing out "4 per centum" and inserting in lieu thereof "5 per centum". 
(b) The amendment made by siibsection (a) shall apply to the 
gross receipts of each gas company, electric lighting company, and 
telephone company for the year ending June 30, 1972, and for each 
succeeding year ending on the thirtieth day of June. 
Approved October 21, 1972. 
October 21, 1972 
[8,4059] 
Public Law 92-519 
AN ACT 
To provide that any person operating a motor vehicle within the District of 
Columbia shall he deemed to have given his consent to a chemical test of his 
blood, breath, or urine, for the purpose of determining the blood alcohol content. 
District of 
Columbia Im-
plied Consent 
Act. 
Definitions. 
Be it enacted hy the Senate and House of Repy^esentatives of the 
United States of America in Congress assemhled^ That as used in this 
Act— 
(1) The term "Commissioner" means the Commissioner of the Dis-
trict, or his designated agent; 
(2) The term "District" means the District of Columbia; 
(3) The term "license" means any operator's permit or any other 
license or permit to operate a motor vehicle issued under the laws of 
the District, including— 
(A) any temporary or learner's permit; 
(B) the privilege of any person to drive a motor vehicle 
whether or not such person holds a valid license; and 
(C) any nonresident's operating privilege; 
(4) The term "nonresident" means every person who is not a resi-
dent of the District; 
86 STAT.] 
PUBLIC LAW 92-519-OCT. 21, 1972 
1017 
Administration. 
Accidents. 
(5) The term "nonresident's operating privilege" means the privi-
lege conferred upon a nonresident by the laws of the District relating 
to the operation by such person of a motor vehicle, or the use of a 
vehicle owned by such person, in the District; and 
(6) The term "police officer" means an officer or member of the 
ISIetropolitan Police force, the United States Park Police force, or the 
Capitol Police force, or any other person actually and officially 
engaged in the performance of police duties in connection with guard-
ing the property of the United States or of the District. 
(7) The term "specimen" means that quantity of a person's blood, 
breath, or urine necessary to conduct a chemical test or tests to deter-
mine blood alcoholic content. 
SEC. 2. (a) Anv person, other than one described in subsection (b) ^ ^ra\o'rs^biood-
of this section, who operates a motor vehicle within the District shall aicohoi content 
be deemed to have given his consent, subject to the provisions of this t^^ts. 
Act, to two chemical tests of his blood, breath, or urine, whichever 
he may elect, for the purpose of determining blood-alcohol content. 
However, when the election of a particular test, such as a blood test 
requiring a physician or registered nurse, causes unreasonable delay 
or inconvenience, the arresting officer or other appropriate law enforce-
ment officer shall elect which chemical test should be administered. 
In such a case, the operator can only object to a particular test on 
valid religious or medical grounds. The tests shall be administered 
at the direction of a police officer who, having arrested such person 
for a violation of law, has reasonable grounds to believe the person 
to have been driving or in actual physical control of a motor vehicle 
within the District while under the influence of intoxicating liquor. 
(b) Anv person who operates a motor vehicle within the District 
of Columbia and who is involved in a motor vehicle collision or acci-
dent in which death or personal injury results shall submit, subject 
to the provisions of this Act, to two chemical te^ts of his blood, breath, 
or urine, for the purpose of determining blood alcoholic content when-
ever a police officer (i) arrests such person for a violation of law, and 
(ii) has reasonable grounds to believe such person to have been driving 
or in actual physical control of a motor vehicle within the District 
while under the influence of an intoxicating liquor. However, when 
the election of a particular test, such as a blood test requiring a physi-
cian or registered nurse, causes unreasonable delay or inconvenience, 
the arresting officer or other appropriate law enforcement officer shall 
elect which chemical test should be administered. In such a case, the 
operator can only object to a particular test on valid religious or medi-
cal grounds. 
SEC. 3. Only a physician or registered nurse acting at the request of 
a police officer may withdraw blood for the purpose of determining 
the alcoholic content thereof. This limitation shall not apply to the 
taking of a breath or urine specimen. The person tested may, in addi-
tion to submitting to the two tests administered at the direction of a 
police officer, also submit to a chemical test or tests administered to 
him by a physician, registered nurse, or other person of his own choos-
ing who IS qualified to administer such test or tests. The failure or 
inability to obtain an additional test by a person shall not preclude the 
admission of the tests taken at the direction of a police officer. 
SEC. 4. Full information concerning the tests administered under 
this Act shall be made available to the person from whom a specimen 
was obtained. Prior to administering the tests the police officer shall 
advise the operator of the motor vehicle about the requirements of this 
Act. 
Test informa-
tion, availability. 
1018 
PUBLIC LAW 92-519-OCT. 21, 1972 
[86 STAT. 
Test refusal, 
penalty. 
Incapacitated 
persons. 
License revo-
cation or denial 
order. 
Hearing. 
Judicial 
review. 
84 Stat. 582. 
Test evidence. 
Short title. 
SEC. '5. (a) If a person under arrest refuses to submit to chemical 
testing as provided in section 2(a) he shall be informed that failure to 
submit to such test will result in the revocation of his license. If such 
person, after having been so informed, still refuses to submit to chemi-
cal testing, no test shall be given, but the Commissioner, upon receipt 
of a sworn report of the police officer that he had reasonable grounds 
to believe the arrested person had been driving or was in actual physi-
cal control of a motor vehicle upon the public highways while under 
the influence of intoxicating liquor, and that the person had refused to 
submit to the two tests, shall revoke his license for a period of six 
months; or if the person is a resident without a license to operate a 
motor vehicle in the District, the Commissioner shall deny to the person 
the issuance of a license for a period of six months after the date of the 
alleged violation, subject to review as hereinafter provided. 
(b) Any person who is unconscious, or who is otherwise in a con-
dition rendering him incapable of refusal, shall be deemed not to 
have withdrawn the consent provided by section 2 of this Act and 
the two tests may be given: except, that if such person thereafter 
objects to the use of the evidence so secured, such evidence shall not 
be used and the license of such person shall be revoked, or, if he is a 
resident without a license, no license shall be issued to him for a 
period of six months. 
SEC. 6. (a) Whenever any license has been revoked or denied under 
the provisions of this Act, the reasons therefor shall be set forth in 
the order of revocation or denial, as the case may be. Such order shall 
take effect five days after service of notice on the person whose license 
is to be revoked or who is to be denied a license unless such person 
shall have filed within such period written application with the Com-
missioner for a hearing. Such hearing by the Commissioner shall cover 
the issues of— 
(1) whether a police officer had reasonable grounds to believe 
such person had been driving or was in actual control of a motor 
vehicle upon the public street or highway while under the influ-
ence of intoxicating liquor; and 
(2) whether such person, having been placed under arrest, 
refused to submit to the test or tests, after having been informed 
of the consequences of such refusal. 
(b) If, foUowmg the hearing provided in subsection (a) of this 
section, the Commissioner shall sustain the order of revocation, the 
same shall become effective immediately. 
SEC. 7. Any person aggrieved hj a final order of the Commissioner 
revoking his license or denying him a license under the authority of 
this Act, may obtain a review thereof in accordance with section 11 
of the District of Columbia Administrative Procedure Act (82 Stat. 
1204; D.C. Code, sees. 1-1501 to 1-1510). 
SEC. 8. The Act approved March 4, 1958 (72 Stat. 30; D.C. Code, 
sec. 40-609a) is amended (a) by striking out the subsection designa-
tion "a" in the first section; (b) by striking out in paragraph (2) 
"fifteen one-hundredths", "eight one-hundredths", and "twenty one-
hundredths", and inserting in lieu thereof "ten one-hundredths", "six 
one-hundredths", and "eleven one-hundredths", respectively; (c) by 
striking out in paragraph (3) "fifteen one-hundredths" and "twenty 
one-hundredths" and inserting in lieu thereof "ten one-hundredths" 
and "eleven one-hundredths" respectively; and (d) by striking out 
subsections (b), (c), and (d) of the first section, and section 2. 
SEC. 9. This Act shall be known and may be cited as the "District 
of Columbia Implied Consent Act". 
Approved October 21, 1972.