Police must direct impairment tests and review fatal crash decisions
Utah police must direct testing for suspected alcohol or drug driving offenses and seek senior review when they find insufficient grounds for a testing warrant after a fatal crash.
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What it does
Police must direct alcohol or drug testing when they reasonably suspect a person drove or controlled a vehicle in violation of alcohol or drug driving laws.
After a fatal crash, an officer who believes there is not enough evidence for a testing warrant must check that decision with a senior officer.
Argument forA senior officer's review could help police avoid overlooking evidence of impaired driving after a fatal crash.
Argument againstRequired alcohol or drug tests could intrude on drivers' privacy when officers reasonably suspect an offense.
More detail
Police must direct alcohol or drug testing when they reasonably suspect a covered driving offense. The requirement covers people suspected of driving or being in physical control of a vehicle in Utah while violating alcohol or drug driving laws. Officers must have a reasonable basis to suspect a violation of the alcohol or drug driving laws listed in the law. Separate Utah rules under Section 77-23-213 also govern blood tests. The law took effect on May 6, 2026.
An officer investigating a fatal crash must review the facts with a senior officer when the officer believes there are insufficient grounds for a testing warrant. This requirement applies to police investigations of motor vehicle crashes that cause someone's death. The review must confirm that no impairment is suspected and that there is no probable cause, meaning sufficient legal grounds, for alcohol or drug testing. The review requirement took effect on May 6, 2026.
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