Fatal Motor Vehicle Accident Amendments, the official text

Fatal Motor Vehicle Accident Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Steve Eliason

LONG TITLE
General Description:
This bill addresses requirements for a chemical test of an individual involved in a motor vehicle accident.
Highlighted Provisions:
This bill: requires a peace officer to direct an individual to submit to a chemical test if the peace officer has reasonable suspicion that the individual was operating a vehicle in violation of certain alcohol or drug related offenses;
requires a peace officer investigating a fatal motor vehicle accident to review the facts of the accident with a senior officer before declining to seek a warrant for a chemical test; and
makes technical changes.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
41-6a-520, as last amended by Laws of Utah 2023, Chapter 415

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6a-520 is amended to read:
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
(1) (a) [A person] An individual operating a motor vehicle in this state [is considered to have given the person's consent] consents to a chemical test or tests of the [person's] individual's breath, blood, urine, or oral fluids [for the purpose of determining] to determine whether the [person] individual was operating or in actual physical control of a motor vehicle[while]: (i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, or 53-3-231;
(ii) under the influence of alcohol, [any] a drug, or combination of alcohol and [any] a drug under Section 41-6a-502; or
(iii) having any measurable controlled substance or metabolite of a controlled substance in the [person's] individual's body in violation of Section 41-6a-517.

[(b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii).]
(b) A peace officer having reasonable suspicion to believe that an individual was operating or was in actual physical control of a motor vehicle in violation of an offense described in Subsections (1)(a)(i) through (iii) shall direct that a test be administered as authorized in Subsection (1).
(c) (i) [The] A peace officer determines which of the tests are administered and how many [of them] tests are administered.
[(ii) If a peace officer requests more than one test, refusal by a person to take one or more requested tests, even though the person does submit to any other requested test or tests, is a refusal under this section.]
(ii) If a peace officer requests more than one test, refusal by an individual to take one or more requested tests, even if the individual submits to another requested test or tests, is a refusal under this section.

(d) (i) [A person] An individual who has been requested under this section to submit to a chemical test or tests of the [person's] individual's breath, blood, or urine, or oral fluids may not select the test or tests to be administered.
(ii) The failure or inability of a peace officer to arrange for [any] a specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in [any] a criminal, civil, or administrative proceeding resulting from [a person's] an individual's refusal to submit to the requested test or tests.

(2) (a) A peace officer requesting a test or tests shall warn [a person] an individual that refusal to submit to the test or tests may result in criminal prosecution, revocation of the [person's] individual's license to operate a motor vehicle, a [five or 10 year] five-year or 10-year prohibition of driving with [any] a measurable or detectable amount of alcohol in the [person's] individual's body depending on the [person's prior] individual's driving history, and a [three-year] two-year prohibition of driving without an ignition interlock device if the [person] individual: (i) has been placed under arrest;
(ii) has then been requested by a peace officer to submit to [any]one or more of the chemical tests under Subsection (1); and
(iii) refuses to submit to [any] a chemical test requested.

(b) (i) [Following the warning under Subsection (2)(a), if the person does not immediately request that the chemical test or tests as offered by a peace officer be administered, a] A peace officer shall, on behalf of the Driver License Division and within 24 hours of the arrest, give notice of the Driver License Division's intention to revoke the [person's] individual's privilege or license to operate a motor vehicle if, following the warning described in Subsection (2)(a), the individual does not immediately request that a chemical test or tests be administered as offered by a peace officer.
(ii) When a peace officer gives the notice on behalf of the Driver License Division, the peace officer shall supply to the operator, in a manner specified by the Driver License Division, basic information regarding how to obtain a hearing before the Driver License Division.

(c) As a matter of procedure, [the] a peace officer shall submit a signed report, within 10 calendar days after the day on which notice is provided under Subsection (2)(b), that: (i) the peace officer had grounds to believe the arrested [person] individual was in violation of [any] a provision under Subsections (1)(a)(i) through (iii); and
(ii) the [person] individual had refused to submit to a chemical test or tests under Subsection (1).

(3) [Upon the request of the person] If an individual who was tested requests so, the results of the test or tests shall be made available to the [person] individual.
(4) (a) The [person] individual to be tested may, at the [person's] individual's own expense, have a physician or a physician assistant of the [person's] individual's own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be [subsequent to] after the test or tests administered at the direction of a peace officer.

(5) [For the purpose of determining whether to submit to a chemical test or tests, the person to be tested] An individual being asked to submit to a chemical test or tests does not have the right to consult an attorney or have an attorney, physician, or other [person] individual present [as a condition for the taking of any test] for the purpose of determining whether to submit to a chemical test or tests.
(6) Notwithstanding the provisions in this section, a blood test taken under this section is subject to Section 77-23-213.
(7) If a peace officer investigating a motor vehicle accident resulting in the death of an individual believes there is insufficient probable cause to justify a search warrant authorizing a chemical test described in Subsection (1)(a), the peace officer shall review the facts with a senior officer to confirm that no impairment is suspected and probable cause for a chemical test does not exist.

Section 2. Effective Date.
This bill takes effect on May 6, 2026.

3-12-26 10:13 AM