SB 26-132

Senate Bill 26-132, also known as the Voluntary Alcohol Breath Test bill, requires police officers to offer drivers involved in fatal or serious injury collisions the option to take a breathalyzer test. The driver can choose whether to participate and is informed that refusing the test is an acceptable choice. This bill affects drivers who are suspected of causing death or severe injuries through traffic accidents. Since it has been signed into law, police officers must now follow these guidelines when dealing with such incidents.

Official Summary

If a driver is involved in a collision resulting in death or suspected serious bodily injury, the bill requires , with certain exceptions, a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary screening test of the driver's breath after the officer advises the driver that they may refuse or agree to provide a sample for the test.     The bill clarifies what a law enforcement officer must include in their advisement to a driver, including that the driver may refuse or agree to provide a sample for the test.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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