Present law provides that, because the evidentiary nature of blood tests authorized and conducted to determine alcohol or drug content of a motor vehicle operator's blood are affected by timely collection, and to facilitate and encourage the timely collection of this evidence by hospitals and qualified practitioners pursuant to a search warrant or other court order, qualified practitioners may use all reasonable force to obtain the sample of blood from the operator. This bill provides that a law enforcement officer may assist a qualified practitioner in using reasonable force to obtain the sample of blood from the operator. Present law provides that if the court finds that the driver was driving while under the influence of any intoxicant, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof, or committed the offense of vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide, then the driver is not considered as having committed a criminal offense. In such case, the court must revoke the license of the driver for a period of one year, if the person does not have a prior conviction. This bill increases the duration of the license being revoked to one year and six months.

Statutes affected:
Introduced: 55-10-406(e)(3)(A)(iv), 55-10-406, 55-10-407(a)(1), 55-10-407