Requires law enforcement officers to issue preliminary suspension of driver's license for certain drunk driving offenses.
The bill significantly changes the procedure surrounding license suspensions for drunk driving offenses. Previously, there may not have been a standard immediate response for license suspension upon arrest, but this bill ensures that victims of such arrests have a prompt suspension, presumably to prevent potential repeat offenses while awaiting court adjudication. The legislation stipulates that any suspension imposed under this act must be deducted from any further suspension resulting from the municipal court's ruling on the same charge, thereby impacting how penalties are calculated and applied.
Assembly Bill A809 requires law enforcement officers to issue an immediate preliminary suspension of a person's driver's license upon arrest for specific drunk driving offenses. This includes cases of driving while intoxicated, refusal to submit to a breath test, or for individuals under 21 operating a vehicle with a blood alcohol concentration between 0.01 and 0.08 percent. The officers are mandated to confiscate the driver's license and forward documentation regarding the suspension to the chief administrator of the Motor Vehicle Commission, which initiates the administrative process for the suspension.
There are points of contention related to the rights of individuals who are arrested under this legislation. A key component of the bill is the individual's right to request a hearing regarding the suspension. After receiving notice of the suspension, individuals have ten days to contest it, and a hearing must occur within a further ten days. This raises concerns about the operational burden on judicial resources while simultaneously ensuring that individuals have adequate legal protection and recourse. Some stakeholders may argue that while the intent is to deter drunk driving, the process might still infringe on the rights of those who are arrested without sufficient evidence being established at the initial stage.