AB 463

Under current, a law enforcement officer generally may request a person to

submit to having his or her breath, blood, or urine tested to determine the presence

or quantity in his or her blood or breath, of alcohol, controlled substances, controlled

substance analogs or other drugs, or any combination of alcohol, controlled

substances, controlled substance analogs and other drugs (test for intoxication)

when the person is arrested for operating a vehicle while intoxicated. However, an

officer may request a test for intoxication prior to arrest if the person is operating a

commercial motor vehicle or is the operator of a vehicle that is involved in an accident

that causes the death of or great bodily harm to a person and, in either circumstance,

the officer detects the presence of alcohol or another drug.

Under this bill, if the person is the operator of a vehicle that is involved in an

accident that causes any injury to any person and an officer detects the presence of

alcohol or another drug, the officer may request the person to submit to a test for

intoxication before he or she arrests the person. If the person is the operator of a

vehicle that is involved in an accident that causes the death of or great bodily harm

to any person and the officer reasonably believes that the person violated any state

or local traffic law, the officer may request the person to submit to a test for

intoxication before he or she arrests the person, regardless of whether the officer

detects the presence of alcohol or another drug.