§ 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).