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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0452.01 MCV HOUSE BILL 98­1167

STATE OF COLORADO

BY REPRESENTATIVES Tool and K. Alexander;

also SENATOR B. Alexander.

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING A REQUIREMENT THAT ANY DRIVER WHO IS INVOLVED IN A SERIOUS AUTOMOBILE ACCIDENT SUBMIT TO DRUG AND ALCOHOL TESTING.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires any person who is the driver of a motor vehicle that is involved in a motor vehicle accident in which a fatality or serious bodily injury occurs to submit to drug and alcohol testing.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  42­4­1301 (7) (a) (II), (7) (a) (III), and (7) (b) (I), Colorado Revised Statutes, are amended to read:

42­4­1301.  Driving under the influence ­ driving while impaired ­ driving with excessive alcoholic content ­ tests ­ penalties ­ useful public service program ­ alcohol and drug driving safety program. (7) (a) (II)  Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to take and complete, and to cooperate in the taking and completing of, any test or tests of such person's breath or blood for the purpose of determining the alcoholic content of the person's blood or breath when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of subsection (1) or (2) of this section OR THAT THE PERSON WAS DRIVING A MOTOR VEHICLE THAT WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT IN WHICH A FATALITY OR SERIOUS BODILY INJURY OCCURRED. Except as otherwise provided in this section, if such person requests that said test be a blood test, then the test shall be of his or her blood; but, if such person requests that a specimen of his or her blood not be drawn, then a specimen of such person's breath shall be obtained and tested. If such person elects either a blood test or a breath test, such person shall not be permitted to change such election, and, if such person fails to take and complete, and to cooperate in the completing of, the test elected, such failure shall be deemed to be a refusal to submit to testing. If such person is unable to take, or to complete, or to cooperate in the completing of a breath test because of injuries, illness, disease, physical infirmity, or physical incapacity, or if such person is receiving medical treatment at a location at which a breath testing instrument certified by the department of public health and environment is not available, the test shall be of such person's blood.

(III)  Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be required to submit to and to complete, and to cooperate in the completing of, a test or tests of such person's blood, saliva, and urine for the purpose of determining the drug content within the person's system when so requested and directed by a law enforcement officer having probable cause to believe that the person was driving a motor vehicle in violation of paragraph (a), (b), or (c) of subsection (1) of this section OR THAT THE PERSON WAS DRIVING A MOTOR VEHICLE THAT WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT IN WHICH A FATALITY OR SERIOUS BODILY INJURY OCCURRED and when it is reasonable to require such testing of blood, saliva, and urine to determine whether such person was under the influence of, or impaired by, one or more drugs, or one or more controlled substances, or a combination of both alcohol and one or more drugs, or a combination of both alcohol and one or more controlled substances.

(b) (I)  The tests shall be administered at the direction of a law enforcement officer having probable cause to believe that the person had been driving a motor vehicle in violation of subsection (1) or (2) of this section OR THAT THE PERSON WAS DRIVING A MOTOR VEHICLE THAT WAS INVOLVED IN A MOTOR VEHICLE ACCIDENT IN WHICH A FATALITY OR SERIOUS BODILY INJURY OCCURRED and SHALL BE ADMINISTERED in accordance with rules and regulations prescribed by the state board of health concerning the health of the person being tested and the accuracy of such testing. Strict compliance with such rules and regulations shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results. It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer's or supplier's certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to motor vehicle accidents occurring on or after said date.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.