Pubdate: Sun, 03 May 2009
Source: Times Record (Fort Smith, AR)
Copyright: 2009 Stephens Media Group
Contact: http://drugsense.org/url/76ZW6ggQ
Website: http://www.swtimes.com/
Details: http://www.mapinc.org/media/529
Author: Hicham Raache
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

DRUG TESTING NOW MANDATORY

The Arkansas Legislature in March passed a bill  requiring law 
enforcement to conduct alcohol and drug  testing of drivers who 
survive fatal accidents, but two  major local agencies already do so.

Spearheaded by state Sen. Denny Altes, R-Fort Smith,  Senate Bill 
217, now Act 423, requires that all  Arkansas law enforcement 
agencies conduct "a chemical  test of the blood, breath or urine of 
the driver involved in an accident in which death has occurred or  is 
likely to occur."

"That test will be used for prosecution purposes,"  Altes said.

The tests, Altes said, are to be conducted even if the surviving 
driver does not appear to be under the  influence of any intoxicants 
or narcotics.

Altes said he decided to propose the bill after local  attorney Joey 
McCutchen told him of a client who was  killed in a car crash. Altes 
said the driver of the  other vehicle was under the influence of 
methamphetamine when the accident occurred.

McCutchen, who began discussing the bill with Altes  last year, said 
the influence of some narcotics, such  as methamphetamine, can be 
difficult to detect on a  person without testing.

The new law also mandates that a chemical test is to be  conducted of 
the driver's blood, breath or urine, even  if the driver has been 
fatally injured.

Both the Fort Smith and Van Buren police departments  make a practice 
of conducting drug and alcohol tests  when a fatal accident occurs.

"Usually on a fatality or serious injury accident, we  (conduct 
tests) anyway just to make sure," said Officer  Wes Milam, the Fort 
Smith Police Department's accident  investigator.

Fort Smith police Sgt. Kirk Redwine said that such  tests are 
conducted, even if the surviving driver does  not appear to be under 
the influence, to prove there  were no "extenuating circumstances 
outside of normal  driving that may have caused the accident."

If the surviving driver is injured and requires medical  attention, 
blood can be drawn at the hospital and sent  for content testing, 
according to Redwine.

Lt. Brent Grill of the Van Buren Police Department said  Van Buren 
police also have adhered to such a policy.

"Even if you didn't suspect it with the (surviving)  party involved, 
you would try to get a sample, just to  cover all bases," Grill said. 
"We try to get samples on  both parties."

When a motorist obtains his driver's license, Grill  said, he has 
provided "implied consent" to be subjected  to drug and alcohol 
testing by law enforcement.

"If they refuse the test, their license will be  suspended," Grill said.

Grill said that although implied consent already allows  for officers 
to conduct alcohol and drug tests, it  helps to have a law on the 
books that guarantees  permission.

"If it's automatic, that's easier for us," Grill said.  "There's no 
real burden for an officer to have to  justify (conducting the test)."
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MAP posted-by: Jay Bergstrom