Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Extends implied consent law to blood tests to determine if driver under influence of drugs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning implied consent for blood tests and amending P.L.1966, c.142.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1966, c.142 (C.39:4-50.2) is amended to read as follows:
2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath or blood for the purpose of making chemical tests to determine the content of alcohol, narcotic, hallucinogenic drug, habit producing drug, or marijuana in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).
(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.
(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.
(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of [this amendatory and supplementary act] P.L.1981, c.512 (C.39:4-50.4a). A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
(cf: P.L.2007, c.267, s.1)
2. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill would amend the State’s implied consent law to extend it to include blood testing to determine if the person was driving under the influence of drugs.
Under current law, persons arrested for drunk driving are deemed to have given their consent to a breathalyzer test to determine their blood alcohol content. A person who refuses this test is subject to penalties similar to those imposed for a drunk driving conviction.
Under this bill, a person suspected of driving under the influence of narcotics, hallucinogenic or habit-producing drugs, or marijuana also would be deemed to have consented to taking a blood test. If the person refuses to take the blood test, the penalties imposed for driving under the influence of drugs would be imposed.