Bill > A1726

Introduced Session

This bill amends New Jersey's drunk driving statute, R.S.39:4-50, to prohibit driving under the influence of any substance or combinations of substances which may impair a person's ability to operate a motor vehicle. R.S.39:4-50 currently prohibits driving under the influence of narcotics, hallucinogens, and habit-producing drugs. The bill also amends the law providing that a person who operates a motor vehicle in this State is deemed to have given consent to the taking of breath samples for the purpose of making chemical tests to determine blood-alcohol content. Under the bill's provisions, a person who operates a motor vehicle also will be deemed to have given consent to submitting to evaluations by a certified drug recognition expert when requested by a law enforcement officer, to determine whether the person is under the influence of any drug or other substance or combination of substances which can impair the person's ability to operate a motor vehicle. A certified drug recognition expert is an individual specially trained to make this determination. The Drug Recognition Expert program and procedures were initially developed in the 1970's by the Los Angeles Police Department. This procedure trains officers to use a standardized twelve-step evaluation process that allows the officer to determine whether the suspect is under the influence of drugs, and to determine the category of drug that is causing the observable impairment. The twelve-step procedure also allows the officer to rule in or out many medical conditions, such as illness or injury, which may be contributing to the subject's impairment. There are approximately 400 of these trained officers in New Jersey, and 50 certified instructors. The bill further provides that a person who refuses to submit to an evaluation after being arrested for a violation of R.S.39:4-50 would be subject to the same penalties currently faced by a person who refuses to submit to a test to determine the content of alcohol in the person's blood. Those penalties include revoking the right to operate a motor vehicle for seven months, in the case of a first offender. For a second refusal, the person's license would be revoked for two years and for a third or subsequent offense, 10 years.

Committee Categories

Brian Rumpf (R)*,  Sean Kean (R), 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/09/2024)

Official Document