§ 28-8283 — Implied consent; immunity

A. A person who operates or is in actual physical control of an aircraft in the air or on the ground or water gives consent to a test or tests of the person's blood, breath or urine to determine the alcoholic content of the person's blood if arrested for operating or being in actual physical control of an aircraft while under the influence of intoxicating liquor. The test shall be given in the same manner as prescribed in sections 28-1321, 28-1323, 28-1324, 28-1325 and 28-1388.

B. If a person under arrest refuses to submit to a test designated by the law enforcement agency, the test shall not be given. The refusal to submit to the test is admissible in evidence in a prosecution for a violation of section 28-8282, subsection A or C. The law enforcement agency shall report the person's refusal to submit to the test to the federal aviation administration for appropriate administrative action.

C. A person qualified to withdraw blood or take a urine specimen under this section or any hospital, laboratory or clinic employing or utilizing the services of the person is not civilly liable as a result of these activities, if a law enforcement officer requests the withdrawal of blood or the taking of urine specimens, unless the person is guilty of gross negligence while performing the activities.