FAILURE TO SUBMIT TO DRUG AND ALCOHOL TESTING AFTER
AN ACCIDENT INVOLVING IMMEDIATE DEATH - ELEMENTS
No person may be convicted of failure to submit to drug and alcohol testing after an accident involving immediate death unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the defendant drove a vehicle;
Second, involved in an accident;
Third, that resulted in immediate death of a person;
Fourth, was cited for a traffic offense;
Sixth, refused to submit to drug and alcohol testing requested by a law enforcement officer as soon as practicable after the accident occurred.
Statutory Authority: 47 O.S. Supp. 1995, §§ 10-102.1(B), 10-104(B), 752, 756.