SB 2640

Present law authorizes a law enforcement officer to request that the operator of a motor vehicle submit to a test for the purpose of determining the alcohol or drug content of that operator's blood if there is probable cause to believe the operator is (i) driving while under the influence of any intoxicant, controlled subs tance, controlled substance analogue, drug, or substance affecting the central nervous system; (ii) committing the offense of vehicular assault or aggravated vehicular assault; or (iii) committing the offense of vehicular homicide or aggravated vehicular h omicide. Refusal to submit to testing results in the suspension of the operator's driver license. If a person does not have a prior conviction for driving under the influence, such a suspension is for one year. The operator's driver license must be susp ended for one year and six months if the person does not have a previous conviction for driving under the influence, but is suspected of having committed a misdemeanor violation for driving under the influence and at the time of the stop in which they ref us ed to submit to testing. This bill provides that a refusal to submit to testing must result in the operator's driver license being suspended for one year and six months, if the operator does not have a prior conviction for driving under the influence, regardless of whether the o perator is suspected of having committed a misdemeanor violation for driving under the influence.