28-668. Accidents involving death to drivers;
testing alcohol concentration
A. A peace officer who investigates an accident that involves the death of one or
more drivers shall promptly notify the county medical examiner of the death or
deaths. If probable cause exists to believe that a deceased driver committed an alcohol
related traffic offense, the county medical examiner shall test the deceased driver to
determine the driver's alcohol concentration.
B. If a county medical examiner has not been appointed in the county in which the
accident occurs, the peace officer shall notify and secure a physician licensed pursuant
to title 32, chapter 13 or a person acting under the authority of a licensed physician to
draw a sufficient sample of blood or other bodily substance for determining alcohol
concentration. The investigating officer shall forward the sample to the department of
public safety crime laboratory for analysis.
C. The investigating officer shall record on the accident report required under
section 28-667 the results of the test to determine the alcohol concentration of the
driver or drivers.
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