§ 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 who is licensed pursuant to title 32, chapter 13, 14 or 17 or a person who is 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.