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A. Any person who operates a motor vehicle upon the public highways within the Osage Nation jurisdiction shall be deemed to have given consent subject to the provisions of this chapter to a chemical test or tests, of his or her blood, breath, saliva or urine for the purpose of determining the alcohol or drug content of his or her blood. The test or tests shall be administered at the direction of a law enforcement officer only after placing such person under arrest and informing the person that he or she is or will be charged with the offense of driving or being in actual physical control of a vehicle upon the public highways while under the influence of intoxicating liquor or any drug. The arresting officer shall determine which of the aforesaid tests shall be used.

B. In any prosecution if it is shown that the person operated a motor vehicle and refused to consent to a chemical test or test of his or her blood, breath, saliva or urine for the purpose of determining the alcohol or drug content of blood, proof of refusal is admissible in any criminal or civil action and raises is a presumption that the person was under the influence of alcohol and or drugs at the time he or she was driving.

C. If a person operates a motor vehicle and refuses to consent to a chemical test or tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol or drug content of his or her blood, the person will be subject to costs and deprived of the right to operate a motor vehicle for one year.