DUI: Newly Proposed Bill Regarding Blood Samples
- September 25, 2013
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A controversial bill is currently being reviewed by the New Jersey Legislation could have a great effect upon automobile accidents involving driving under the influence (DUI). The bill, A-4464, is proposing that any accident that results in a fatality would subject drivers of the vehicles involved to mandatory blood testing for both illegal drugs and alcohol. Currently, under New Jersey state law, police are required to have probable cause to believe the driver is under the influence in order take a blood or breath sample from a driver of a vehicle. In addition, the bill would impose the same penalties and suspension of a driver’s license for refusing a blood test as they would for refusal of a breath test. Some defense attorney’s throughout the state do not believe the proposed bill will pass on a constitutional basis. In a United States Supreme Court case decided in April of this year, the court held that there is a requirement of law enforcement to obtain a search warrant or consent in order to extract blood from driver to test for alcohol. Prosecutors throughout the state generally believe that the bill would permit them to perform the justice they believe is needed in cases of vehicular manslaughter committed by drivers under the influence of drugs or controlled dangerous substances (CDS). Prosecutors will likely seek to extend the bill to accidents that result in serious injury. The bill will not be heard and voted on by the state legislature until the next legislative session in November. DWI in NJ will have a serious impact on your life including loss of license for up to 10 years, thousands of dollars in fines and penalties and can have significant implications in related matters such as later personal injury. If you are charged with driving while intoxicated in NJ you should seek an experienced DUI attorney immediately to protect your rights. For more information on DUI, possession of CDS in a motor vehicle, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.