New Jersey Bill S279: Aims to Toughen Marijuana DUI Laws New Jersey drivers could face stricter DUI enforcement if Senate Bill S279 becomes law. Introduced by Senator Shirley Turner, the bill proposes significant changes to the state's DUI laws, specifically addressing marijuana and other controlled substances.
This article breaks down the bill's key provisions, analyzes its potential impact, and provides context for its introduction.
What Does Bill S279 Propose? Senate Bill S279 focuses on two primary areas: 1. **Expanding Implied Consent:
- Currently, New Jersey's implied consent law states that by driving on the state's roads, drivers implicitly consent to breathalyzer tests if suspected of driving under the influence of alcohol. S279 seeks to expand this law to include blood tests as well.
This means that a driver suspected of DUI could be compelled to submit to a blood test to determine the presence of drugs, including marijuana.
Refusal to submit to a blood test would carry penalties similar to refusing a breathalyzer. 2. *Establishing a Per Se Standard for Marijuana and Controlled Substances:
- This is the most significant aspect of the bill. A "per se" law establishes a specific threshold for a substance in a driver's system, above which they are automatically considered impaired and can be charged with DUI. Currently, New Jersey law doesn't have a specific per se limit for marijuana.
Prosecutors have to prove actual impairment based on observations, field sobriety tests, and expert testimony. S279 would introduce a defined legal limit for marijuana and potentially other controlled dangerous substances in the bloodstream.
The bill does not currently specify what that limit would be.
This would be set by future regulation.
Impact on Drivers The enactment of S279 could have a profound impact on drivers in New Jersey.
- Increased DUI Arrests: A per se law simplifies DUI enforcement for law enforcement. If a driver's blood test exceeds the set limit for marijuana or another substance, an arrest is likely, regardless of whether the driver exhibits obvious signs of impairment.
This could lead to a significant increase in DUI arrests, particularly for individuals who use marijuana recreationally or medicinally.
- Challenges for Medical Marijuana Patients: Medical marijuana patients could be particularly vulnerable under a per se law.
Even if they are not actively impaired, the presence of THC in their system, even at levels below what causes impairment, could result in a DUI charge.
This raises concerns about access to medication and potential discrimination against medical marijuana users.
- Potential for False Positives: The accuracy of blood tests and the presence of inactive metabolites of marijuana can be problematic. THC can remain in the system for days or even weeks after use, and blood tests may not accurately reflect the level of impairment at the time of driving.
- Stricter Penalties for Refusal: Expanding implied consent to include blood tests means drivers who refuse a blood test could face severe penalties, including license suspension, fines, and potential jail time, similar to penalties for refusing a breathalyzer.
How S279 Compares to Current New Jersey DUI Laws Currently, New Jersey's DUI laws focus primarily on alcohol impairment, using a blood alcohol content (BAC) of 0.08% as the legal limit. For marijuana, the prosecution must prove impairment based on circumstantial evidence.
This involves observations of the driver's behavior, performance on field sobriety tests (like the walk-and-turn or one-leg stand), and expert testimony from Drug Recognition Experts (DREs). Here's a comparison table highlighting the key differences between current law and what S279 proposes:
Context: Why Was This Legislation Introduced? The introduction of S279 reflects a growing concern among lawmakers about the potential dangers of driving under the influence of marijuana, particularly in light of the increasing legalization and availability of marijuana across the country, including New Jersey.
Supporters of the bill argue that a per se standard is necessary to provide clarity and consistency in DUI enforcement, and to deter drivers from operating vehicles while impaired by marijuana.
They believe it will enhance public safety by removing impaired drivers from the road.
Law enforcement often struggles to prove impairment without a specific legal limit. Conversely, opponents argue that a per se standard for marijuana is unfair and inaccurate, given the complexities of THC metabolism and the lack of a clear correlation between THC levels and impairment.
They also raise concerns about the potential for wrongful convictions and the disproportionate impact on medical marijuana patients.
Practical Information for Affected Drivers If S279 becomes law, here's some practical advice for drivers in New Jersey:
- Know the Law: Stay informed about the specific per se limits for marijuana and other controlled substances once they are established.
- Avoid Driving After Using Marijuana: Even if you feel you are not impaired, the presence of THC in your system above the legal limit could result in a DUI charge.
It is generally advisable to wait a significant amount of time after using marijuana before driving, depending on the method of consumption and individual metabolism.
The safest approach is to avoid driving after consuming marijuana.
- Understand Your Rights: If you are stopped for suspected DUI, you have the right to remain silent and the right to an attorney.
Politely decline to answer questions beyond identifying yourself and providing your license, registration, and insurance.
- Consult with an Attorney: If you are arrested for DUI, it is crucial to consult with an experienced DUI defense attorney as soon as possible.
An attorney can advise you of your rights, investigate your case, and help you navigate the legal process.
- Medical Marijuana Patients: If you are a medical marijuana patient, be aware of the potential risks of driving with THC in your system.
Discuss with your doctor the potential impact of a per se law on your access to medication and consider alternative transportation options.
- Challenge the Evidence: If arrested for DUI based on a blood test, your attorney can challenge the accuracy and reliability of the test results, as well as the procedures used in collecting and analyzing the sample.
This may include questioning the chain of custody, the qualifications of the lab technicians, and the calibration of the testing equipment.
The Road Ahead Senate Bill S279 is currently pending in the Senate Law and Public Safety Committee.
Its future is uncertain.
The bill could be amended, passed as is, or ultimately fail to become law. Drivers in New Jersey should stay informed about the progress of this legislation and its potential impact on their rights and responsibilities.
The outcome of this bill will have significant implications for DUI enforcement and the legal landscape surrounding marijuana use in the state. *Disclaimer:
- This article provides general information and should not be considered legal advice.
Consult with an attorney for advice regarding your specific situation.
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