heh heh
Now. all of a sudden, we apparently have local cops who can’t wait to enforce federal law! What if he was Hispanic without documents? Too funny!
The law actually states that driver involved must submit within 2 hours (alcohol test) or 32 hours (controlled substance test) of a fatal accident regardless of cause, and that the test must be performed by the employer (I'm guessing the employer's responsibility to provide for the test to be done within the time constraints).
It says nothing about the test being administered by the police.
Scroll down to section 383.303.
Note, the law states it's the employer's responsibility to have the driver tested, not the police.
Also, if the test cannot, or has not been performed within the time frame required by law, then it may not be performed, and a written explanation as to why must be provided by the employer. It also covers drivers who are themselves injured, and thus does not prohibit them getting necessary care themselves even if a test is required.