Relating to implied consent to test specimens of a person’s blood, breath, or urine following a motor vehicle accident resulting in death, and making penalties applicable

Under current law, a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person was operating the motor vehicle while under the influence of alcohol or a drug is deemed to have given consent to the withdrawal of a specimen of the person’s blood, breath, or urine and to chemical tests of the specimen for the purpose of determining the alcohol concentration or presence of drugs (implied consent).2A (operating while intoxicated), and if certain conditions exist, including when the person has been involved in a motor vehicle accident or collision resulting in personal injury or death. A refusal to submit to chemical testing when required under implied consent subjects a person to administrative penalties, including but not limited to a driver’s license revocation for at least one year for a first revocation and two years for a subsequent revocation.2A, and makes conforming changes. Therefore, under the bill, such persons are subject to the existing administrative penalties under law for submitting or refusing to submit to a test when required under implied consent.10A (blood, breath, or urine specimen withdrawal without a warrant), which requires the person to be under arrest for an offense arising out of acts alleged to have been committed while the person was operating while intoxicated, in addition to other circumstances.