New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S2805

Introduced
2/22/24  

Caption

Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

Impact

The bill also establishes a per se standard for driving under the influence of marijuana, specifically defining impairment as a measurable blood concentration of 3 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter. Under this standard, individuals found to exceed this threshold would face similar penalties as those driving under the influence of alcohol. This change marks a pivotal shift in addressing drugged driving, aligning legal standards with a more scientific approach to determining impairment based on measurable substances in a driver’s system.

Summary

Senate Bill S2805 aims to enhance public safety by expanding New Jersey's implied consent law to include blood testing for individuals operating motor vehicles. Currently, the law allows for breath tests to determine blood alcohol content; this bill adds the ability to require blood tests to assess the presence of narcotics, hallucinogens, or other habit-forming drugs, effectively broadening the legal tools available to law enforcement. The addition of blood tests demonstrates a recognition of the increasing relevance of drug impairment in vehicle operation, particularly as marijuana use becomes more prevalent with legalization efforts across the state.

Contention

Notably, the bill could generate debate among lawmakers regarding civil liberties and the extent of police powers in testing individuals. Critics might argue that expanding implied consent to include blood tests could infringe on personal rights and lead to potential abuse of power by law enforcement. Additionally, there may be concerns about the accuracy and reliability of blood testing, the potential for stigmatization of certain groups, and the broader implications for drug policy within the state. Legislators and the public may need to address these points of contention as S2805 moves through the legislative process.

Companion Bills

NJ A4515

Same As Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

NJ S2616

Carry Over Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

Previously Filed As

NJ S2616

Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

NJ A4515

Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

NJ A702

Extends penalties for driving under the influence to include any substance that impairs driving ability; deems driver's consent to non-invasive drug tests.

NJ A1726

Extends penalties for driving under the influence to include any substance that impairs driving ability; deems driver's consent to non-invasive drug tests.

NJ SB228

AN ACT relating to driving under the influence of marijuana.

NJ SB32

AN ACT relating to driving under the influence of marijuana.

NJ SB269

AN ACT relating to driving under the influence of marijuana.

NJ HB34

AN ACT relating to driving under the influence of marijuana.

NJ SB230

AN ACT relating to driving under the influence of marijuana.

NJ SB284

Revises provisions relating to driving or operating certain vehicles or vessels while under the influence of alcohol or a controlled substance. (BDR 16-940)

Similar Bills

NJ A4515

Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

NJ S2616

Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.

NJ S4144

Clarifies installation of ignition interlock devices for certain DWI offenses.

NJ A5411

Clarifies installation of ignition interlock devices for certain DWI offenses.

NJ A5869

Imposes additional curriculum for Intoxicated Driving Program; requires participation by offenders convicted of, or initially charged with DWI.

NJ A2408

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

NJ A3298

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

NJ S515

Increases automobile liability insurance coverage amounts for persons convicted of DWI.