Sec. 1. 29-A MRSA §2522, sub-§§1 and 2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:

1. Mandatory submission to test. If there is probable cause to believe that death has occurred or will occur as a result of an accident, an operator of a motor vehicle involved in the motor vehicle accident shall submit to a blood test to determine blood- alcohol level or drug concentration in the same manner as a blood test is administered for OUI.

2. Administration of test. The Notwithstanding section 2521, the investigating law enforcement officer shall cause a blood test to be administered as soon as practicable following the accident as provided in section 2521.

SUMMARY

Current law requires the operator of a motor vehicle involved in an accident that results or is likely to result in death to submit to a test to determine blood-alcohol level or drug concentration. The investigating police officer is required to cause the test to be administered but has the discretion to determine the form of the test, whether by breath, blood or urine analysis, to which the operator must submit.

This bill removes that discretion, instead requiring that the operator must submit to, and the investigating police officer must cause to be administered, a blood test to determine blood- alcohol level or drug concentration.