SB 451 - This act amends the Zero Tolerance Law (SB 722 - 1996) so that a person under age twenty-one who is stopped for a zero tolerance violation grants prior consent to undergo a breathalyzer test. Under current law, such person may refuse to take the test without getting his license revoked.

A person is deemed to have given prior consent to a breathalyzer test conducted by a law enforcement officer when: 1) An officer has reasonable grounds to stop a person under twenty-one who appears to have a blood alcohol content (BAC) of 0.02% or greater; or 2) An officer has reasonable grounds to stop a person under twenty-one for a traffic offense and, after making such stop, has reasonable grounds to believe such person has a BAC of 0.02% or greater.

Under current law, prior consent is only given if an officer arrests a person because such person appears to be in an intoxicated or drugged condition. A person who refuses to take a breathalyzer or other chemical test shall have his/her license suspended for one year.
TOM MORTON