Bill > S4134

Introduced Session

This bill expands the implied consent law to include evaluations by a drug recognition expert when the operator of a motor vehicle is involved in an accident resulting in death and requires that an operator of a motor vehicle who has been involved in an accident resulting in death submit to an evaluation by a certified drug recognition expert. Under current law, any person who operates a motor vehicle on a public road in this State is deemed to have given consent to a breath test for the purpose of determining the person's blood alcohol content. The provisions of this bill extend this implied consent law to include an evaluation by a certified drug recognition expert when the operator of a motor vehicle is involved in an accident resulting in death. The bill requires that a person submit to an evaluation by a certified drug recognition expert when the person is involved in a motor vehicle accident resulting in death in order to determine if the person was driving under the influence of drugs. The bill defines a certified drug recognition expert as a law enforcement officer who is specially trained to identify drivers who are impaired by narcotic, hallucinogenic, or habit-producing drugs other than, or in addition to, alcohol. Finally, a person who refuses to consent to the evaluation would be subject to the same penalties as a person who is convicted of refusing a breath test in relation to a drunk driving charge under R.S.39:4-50.

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Kristin Corrado (R)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 11/12/2021)