Legislature Considers New Bill Concerning Mandatory Sobriety Tests
The New Jersey State Legislature is considering a bill that would require drivers involved in a motor vehicle accident, which results in injury or death to another, to submit to mandatory sobriety tests to determine if they are driving under the influence of alcohol or drugs. Currently, police can only conduct sobriety tests when there is evidence or suspicion that the driver is intoxicated. This reasonable suspicion allows police to conduct sobriety tests on the driver to determine if the driver is in fact under the influence. However, the fact that the driver was in an accident does not alone create the reasonable suspicion necessary to require field sobriety testing.
The bill is proposed in response to a tragic accident in 2007 when a 17-year-old high school senior was killed as a passenger in a vehicle which ran into a tree. The 17-year-old driver was charged with careless driving and paid a $200 fine as a result of the accident. However, the driver was never tested for alcohol and drugs. On the other hand, the victim's body was tested for alcohol and drugs.
This bill could have a significant impact on the DWI landscape in New Jersey. If every driver is required to perform field sobriety tests when they are involved in a motor vehicle accident which results in death or injury, there will be a significant number of these drivers who will in fact be charged with driving while intoxicated (DWI) who otherwise would not have. This would increase the number of DWI offenses in the State and would provide some justice for the victims of these accidents. For additional information on this bill, please see "Sobriety test may be mandatory if a crash results in death, injury."
