Proposed State Law Would Require Blood Tests in Serious or Fatal Crashes Where Alcohol is Suspected
The New York State Senate has passed a bill that would require any driver involved in a serious crash to submit to a chemical blood alcohol test.
Right now police can only require the test if there is probable cause to test a driver's blood for alcohol after a crash.
The bill would require drivers to submit to field sobriety and blood tests following crashes with serious injuries or death.
A breath sample for a field sobriety sensor isn't currently admissible in court. The law requires breathalyzer tests to be conducted with carefully calibrated equipment, but those tests have also been successfully challenged in Court.
Currently, forcing a chemical test, like collecting blood, requires a court order.
The goal of the bill is to make the prosecution of intoxicated drivers easier, under the proposed law drivers who refuse a chemical blood alcohol test would be presumed guilty and the information would be part of the police report used at trial.
The measure has now been sent to the New York State Assembly for consideration.