---
kind: "section"
citation: "32 C.F.R. § 634.37"
title: "32"
number: "634.37"
heading: "Voluntary breath and bodily fluid testing based on implied consent."
url: "https://uscodex.org/cfr/32/634.37"
---

# §634.37. Voluntary breath and bodily fluid testing based on implied consent.

- (a) Implied consent policy is explained in [§ 634.8](/cfr/32/634.8.md).
- (b) Tests may be administered only if the following conditions are met:
  - (1) The person was lawfully stopped while driving, operating, or in actual physical control of a motor vehicle on the installation.
  - (2) Reasonable suspicion exists to believe that the person was driving under the influence of alcohol or drugs.
  - (3) A request was made to the person to consent to the tests combined with a warning that failure to voluntarily submit to or complete a chemical test of bodily fluids or breath will result in the revocation of driving privileges.
- (c) As stated in paragraphs [(a)](#a) and [(b)](#b) of this section, the law enforcement official relying on implied consent will warn the person that driving privileges will be revoked if the person fails to voluntarily submit to or complete a requested chemical test. The person does not have the right to have an attorney present before stating whether he or she will submit to a test, or during the actual test. Installation commanders will prescribe the type or types of chemical tests to be used. Testing will follow policies and procedures in [§ 634.35](/cfr/32/634.35.md). The results of chemical tests conducted under the implied consent provisions of this part may be used as evidence in courts-martial, nonjudicial proceedings under Article 15 of the UCMJ, administrative actions, and civilian courts.
- (d) Special rules exist for persons who have hemophilia, other blood-clotting disorders, or any medical or surgical disorder being treated with an anticoagulant. These persons—
  - (1) **May refuse a blood extraction test without penalty.**
  - (2) Will not be administered a blood extraction test to determine alcohol or other drug concentration or presence under this part.
  - (3) **May be given breath or urine tests, or both.**
- (e) If a person suspected of intoxicated driving refuses to submit to a chemical test, a test will not be administered except as specified in [§ 634.38](/cfr/32/634.38.md).

## Notes

### Authority

Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 89-670; 91-605; and 93-87.

### Source

Source: 70 FR 18969, Apr. 12, 2005, unless otherwise noted.