A. Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this village shall be deemed to have given consent, subject to the provisions of the vehicle code, to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, or combination thereof content of the person's blood if arrested, as evidenced by the issuance of a uniform traffic ticket, for any offense defined in section 6-5-1 of this chapter. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered by their enforcement personnel.
B. Any person who is dead, unconscious, or who is otherwise in a condition rendering the person incapable of refusal, shall be deemed not to have withdrawn the consent provided in subsection A of this section and the test or tests may be administered, subject to the provisions of section 6-5-3 of this chapter.
C. 1. A person required to submit to any test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in suspension of the person's license to operate a motor vehicle. Following this warning, if a person under arrest refuses, upon the request of a law enforcement officer, to submit to a test designated by the law enforcement agency as provided in subsection A of this section, no test shall be given.
2. If no test is administered under the provisions of subsection C1 of this section, the law enforcement officer shall file with the clerk of the circuit court for the county in which the arrest was made a sworn statement regarding the refusal to take the test. The sworn statement shall in all respects comply with the requirements for sworn statements set forth in the vehicle code.
3. After the officer has filed the sworn statement, the prosecution of the arrested individual shall proceed in the manner prescribed by the vehicle code. (Ord. 2005-02-333, 2-7-2005)