Chapter 06 - Blood Test Consent

Chapter 06 - Blood Test Consent

22.0601 Consent to test.


A person who operates a motor vehicle upon the highways of American Samoa is deemed to have given consent to a chemical test of his breath, blood, urine or saliva for the purpose of determining the alcoholic content of his blood if arrested for driving a motor vehicle while under the influence of intoxicating liquor.

22.0602 Administration of test-Refusal-Report.


(a) A test shall be administered upon the request of a police officer having reasonable grounds to believe a person arrested to have been driving while under the influence of intoxicating liquor.

(b) If a person under arrest for driving a motor vehicle while under the influence of intoxicating liquor refuses to submit to a chemical test of his breath, blood, urine or saliva, and has been informed of the consequences of such refusal, as provided in 22.0608 and 22.0611, and of his rights as provided in 22.0604, no test may be given, but the police officer shall prepare a sworn report of the refusal and cause it to be delivered to the Office of the Administrative Law Judge.

(c) A report of a refusal to submit to a test shall disclose:

(1) whether the person, at the time he was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicating liquor;

(2) whether the police officer has reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicating liquor;

(3) whether the person refused to submit to a test;

(4) whether such person was informed of the consequences of his refusal to submit to the test; and

(5) whether such person was informed of his rights as provided in 22.0604.

22.0603 Evidence of refusal to submit to test.


If a person under arrest refuses to submit to a chemical test of his breath, blood, urine or saliva, evidence of his refusal shall be admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while the person was driving a motor vehicle on the highways under the influence of intoxicating liquor.

22.0604 Right to additional testing.


In addition to a chemical test of his breath, blood, urine or saliva administered upon the request of a police officer, a person arrested for driving a motor vehicle upon the highways of American Samoa while under the influence of intoxicating liquor shall be permitted, upon request and at his own expense, reasonable opportunity to have any licensed physician, surgeon, Samoan medical officer, licensed professional nurse or qualified technician administer a chemical test or tests for the purpose of determining the alcoholic content of his blood. The failure or inability to obtain such a test or tests by a person shall not preclude the admission of evidence relating to a test taken upon the request of a police officer.

22.0605 Persons permitted to conduct chemical blood test.


In conducting a chemical test of the blood, only a duly licensed physician, Samoan medical officer, surgeon, registered nurse, licensed professional nurse or qualified technician may withdraw blood or pierce human tissue.

22.0606 Right to results of test.


In any case in which a test of a person’s breath, blood, urine or saliva has been performed, the results of the tests shall be made available to the person upon request.

22.0607 Presumptions based on alcoholic content of blood.


(a) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s breath, blood, urine or saliva, shall give rise to the following presumptions:

(1) not more than .05% by weight of alcohol in his blood supports a disputable presumption that he was not then under the influence of intoxicating liquor;

(2) more than .05%, but less than .08% by weight of alcohol in his blood is evidence that may be used to determine whether or not he was then under the influence of intoxicating liquor;

(3) not less than .08% by weight of alcohol in his blood supports a presumption that he was then under the influence of intoxicating liquor.

(b) Nothing in this section is intended to limit the introduction of any competent evidence bearing upon the question whether or not a person was under the influence of intoxicating liquor.

22.0608 Suspension for refusal to take test— Notice of right to hearing.


(a) Upon receipt of a report of a police officer, as required by subsection (b) of 22.0602, the Administrative Law Judge shall notify the reported person by personal service or by mail of the intention to suspend his license, permit or privilege to drive for a period of 90 days and allow the person a 20-day period after the date of service or mailing the notice to request, in writing, hearing before the Administrative Law Judge. If no request is filed within the 20-day period, the Administrative Law Judge shall thereupon suspend the license, permit or privilege of the person to drive a motor vehicle for a period of 90 days.

(b) Notice of intention to suspend or of an order of a suspension is presumed to have been received upon the expiration of 5 days after notice is deposited in the United States mail with postage prepaid, addressed to the person at his last known address as shown by his application for an original, renewal or duplicate license, which mailing may be proved by the certificate of any officer or employee of the Office of the Administrative Law Judge over the age of 21 years specifying the time and place of giving notice.

22.0609 Hearing-Oaths and subpoenas.


(a) If a request for a hearing is filed, a hearing shall be held before the Administrative Law Judge, at a time and place set by him.

(b) The Administrative Law Judge may administer oaths and shall issue subpoenas for the attendance of witnesses requested by the person requesting the hearing, the department of legal affairs, or the Department of Public Safety, and for the production of relevant documents.

22.0610 Hearing-Record.


(a) The hearing shall be recorded by means determined by the Administrative Law Judge and shall include testimony and exhibits, if any.

(b) The record of the proceedings may summarize testimony rather than reporting it verbatim, and shall not be transcribed unless requested by a party to the proceeding.

22.0611 Hearing-Scope-Decision.


(a) The scope of the hearing shall be limited to:

(1) whether the person, at the time he was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicating liquor;

(2) whether the police officer had reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicating liquor;

(3) whether the person refused to submit to a test;

(4) whether the person was informed of the consequences of his refusal to submit to the test;

(5) whether the person was informed of his rights as provided in 22.0604.

(b) Upon an affirmative finding on each matter listed in subsection (a), the Administrative Law Judge shall issue an order suspending the license, privilege or permit of the person to drive a motor vehicle for 90 days; otherwise, no suspension shall be ordered.

22.0612 Appeal.


(a) If, after a suspension hearing, an order of suspension is issued, the person shall have the right, within 30 days after he receives notice of the order of suspension, to appeal the matter by filing a petition in the district court.

(b) The court, upon receipt of the petition, shall set the matter for appeal upon 10 days’ notice to the Office of the Administrative Law Judge, the Department of Legal Affairs, the Department of Public Safety and the appellant.

(c) The trial shall be confined to the record made at the suspension hearing.