Fatal Motor Vehicle Accident Amendments

14
41-6a-520
0
Fatal Motor Vehicle Accident Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill addresses requirements for a chemical test of an individual involved in a motor
vehicle accident.
Highlighted Provisions:
This bill:
requires a peace officer to direct an individual to submit to a chemical test if the peace
officer has reasonable suspicion that the individual was operating a vehicle in violation
of certain alcohol or drug related offenses;
requires a peace officer investigating a fatal motor vehicle accident to review the facts of
the accident with a senior officer before declining to seek a warrant for a chemical test;
and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-520
, as last amended by Laws of Utah 2023, Chapter 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-6a-520
is amended to read:
41-6a-520
. Implied consent to chemical tests for alcohol or drug -- Number of
tests -- Refusal -- Warning, report.
(1)
(a)
A person
An individual
operating a motor vehicle in this state
is considered to
have given the person's consent
consents
to a chemical test or tests of the
person's
individual's
breath, blood, urine, or oral fluids
for the purpose of determining
to
determine
whether the
person
individual
was operating or in actual physical control
of a motor vehicle
while
:
(i)
having a blood or breath alcohol content statutorily prohibited under Section
41-6a-502
,
41-6a-530
, or
53-3-231
;
(ii)
under the influence of alcohol,
any
a
drug, or combination of alcohol and
any
a

drug under Section
41-6a-502
; or
(iii)
having any measurable controlled substance or metabolite of a controlled
substance in the
person's
individual's
body in violation of Section
41-6a-517
.
(b)
A test or tests authorized under this Subsection
(1)
must be administered at the
direction of a peace officer having grounds to believe that person to have been
operating or in actual physical control of a motor vehicle while in violation of any
provision under Subsections
(1)(a)(i)
through
(iii)
.
(b)
A peace officer having reasonable suspicion to believe that an individual was
operating or was in actual physical control of a motor vehicle in violation of an
offense described in Subsections
(1)(a)(i)
through (iii) shall direct that a test be
administered as authorized in Subsection
(1)
.
(c)
(i)
The
A
peace officer determines which of the tests are administered and how
many
of them
tests
are administered.
(ii)
If a peace officer requests more than one test, refusal by a person to take one or
more requested tests, even though the person does submit to any other requested
test or tests, is a refusal under this section.
(ii)
If a peace officer requests more than one test, refusal by an individual to take one
or more requested tests, even if the individual submits to another requested test or
tests, is a refusal under this section.
(d)
(i)
A person
An individual
who has been requested under this section to submit
to a chemical test or tests of the
person's
individual's
breath, blood, or urine, or
oral fluids may not select the test or tests to be administered.
(ii)
The failure or inability of a peace officer to arrange for
any
a
specific chemical
test is not a defense to taking a test requested by a peace officer, and it is not a
defense in
any
a
criminal, civil, or administrative proceeding resulting from
a
person's
an individual's
refusal to submit to the requested test or tests.
(2)
(a)
A peace officer requesting a test or tests shall warn
a person
an individual
that
refusal to submit to the test or tests may result in criminal prosecution, revocation of
the
person's
individual's
license to operate a motor vehicle, a
five or 10 year
five-year or 10-year
prohibition of driving with
any
a
measurable or detectable
amount of alcohol in the
person's
individual's
body depending on the
person's prior
individual's
driving history, and a
three-year
two-year
prohibition of driving without
an ignition interlock device if the
person
individual
:
(i)
has been placed under arrest;
(ii)
has then been requested by a peace officer to submit to
any
one or more of the
chemical tests under Subsection
(1)
; and
(iii)
refuses to submit to
any
a
chemical test requested.
(b)
(i)
Following the warning under Subsection
(2)(a)
, if the person does not
immediately request that the chemical test or tests as offered by a peace officer be
administered, a
A
peace officer shall, on behalf of the Driver License Division
and within 24 hours of the arrest, give notice of the Driver License Division's
intention to revoke the
person's
individual's
privilege or license to operate a
motor vehicle
if, following the warning described in Subsection
(2)(a)
, the
individual does not immediately request that a chemical test or tests be
administered as offered by a peace officer
.
(ii)
When a peace officer gives the notice on behalf of the Driver License Division,
the peace officer shall supply to the operator, in a manner specified by the Driver
License Division, basic information regarding how to obtain a hearing before the
Driver License Division.
(c)
As a matter of procedure,
the
a
peace officer shall submit a signed report, within 10
calendar days after the day on which notice is provided under Subsection
(2)(b)
, that:
(i)
the peace officer had grounds to believe the arrested
person
individual
was in
violation of
any
a
provision under Subsections
(1)(a)(i)
through
(iii)
; and
(ii)
the
person
individual
had refused to submit to a chemical test or tests under
Subsection
(1)
.
(3)
Upon the request of the person
If an individual
who was tested
requests so
, the results
of the test or tests shall be made available to the
person
individual
.
(4)
(a)
The
person
individual
to be tested may, at the
person's
individual's
own
expense, have a physician or a physician assistant of the
person's
individual's
own
choice administer a chemical test in addition to the test or tests administered at the
direction of a peace officer.
(b)
The failure or inability to obtain the additional test does not affect admissibility of
the results of the test or tests taken at the direction of a peace officer, or preclude or
delay the test or tests to be taken at the direction of a peace officer.
(c)
The additional test shall be
subsequent to
after
the test or tests administered at the
direction of a peace officer.
(5)
For the purpose of determining whether to submit to a chemical test or tests, the person
to be tested
An individual being asked to submit to a chemical test or tests
does not have
the right to consult an attorney or have an attorney, physician, or other
person
individual
present
as a condition for the taking of any test
for the purpose of
determining whether to submit to a chemical test or tests
.
(6)
Notwithstanding the provisions in this section, a blood test taken under this section is
subject to Section
77-23-213
.
(7)
If a peace officer investigating a motor vehicle accident resulting in the death of an
individual believes there is insufficient probable cause to justify a search warrant
authorizing a chemical test described in Subsection
(1)(a)
, the peace officer shall review
the facts with a senior officer to confirm that no impairment is suspected and probable
cause for a chemical test does not exist.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 10:13 AM