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)."