(SB 1)
Driving under the influence, mandatory withdrawal of
bodily substances after arrest.
Section
1.
That
§
32-23-10
be amended to read as follows:
32-23-10.
Any person who operates any vehicle in this state is considered to have given
consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's
blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood
and to determine the presence of marijuana or any controlled drug or substance
or any substance
ingested, inhaled, or otherwise taken into the body as prohibited by
§
22-42-15 or any other
substance that may render a person incapable of safely driving. The arresting law enforcement
officer may, subsequent to the arrest of any operator for a violation of
§
32-23-1, require the
operator to submit to the withdrawal of blood or other bodily substances as evidence
.
Section
3.
That
§
32-23-16
be amended to read as follows:
32-23-16.
Upon the request of
the
any
person who was tested pursuant to §§
32-23-13
32-23-10
and 32-23-14, or upon the request of
his
the person's
attorney, the results of such analysis shall be
made available to
him
the person
or to
his
the person's
attorney.
Section
4.
That
§
32-23-14
be amended to read as follows:
32-23-14.
Only a physician, laboratory technician, registered nurse, physician's assistant,
phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist
may withdraw blood for the purpose of determining the alcoholic content therein. This limitation
does not apply to the taking of a breath or other bodily substance specimen. Such authorized
persons, acting on the presumption of consent
in
§
32-23-10
, and any hospital
or facility
employing
such persons, are not liable and may not be held to pay damages to the party from whom the blood
sample is withdrawn, if the withdrawal is administered with usual and ordinary care.
No person
authorized to withdraw blood under this section may be required or forced to withdraw blood for
the purposes outlined in this chapter, unless required pursuant to a written agreement.