TRENTON, N.J. – A new proposal in the New Jersey Senate would mandate drug evaluations for any driver involved in a fatal crash, expanding the state’s implied consent law beyond alcohol testing. The measure, introduced by Senator Kristin M. Corrado (R-Bergen, Essex, Passaic), seeks to ensure that law enforcement can determine whether drugs played a role in deadly motor vehicle accidents.
Under the bill, drivers involved in any crash resulting in death would automatically be deemed to have consented to an evaluation by a certified drug recognition expert—a law enforcement officer trained to identify signs of drug impairment. This would apply in addition to the state’s existing requirement for chemical breath tests in suspected drunk driving incidents.
Those who refuse to submit to a drug evaluation could face the same penalties as drivers who decline a breathalyzer test under current law. That includes license suspension, fines ranging from $300 to $1,000 depending on prior offenses, and mandatory installation of an ignition interlock device once driving privileges are restored.
Supporters argue the change would close a loophole in existing law by allowing officers to assess potential drug impairment immediately following fatal crashes, rather than relying solely on alcohol tests or later toxicology reports. The bill explicitly defines a certified drug recognition expert as an officer specially trained to identify impairment caused by narcotics, hallucinogens, or other habit-forming substances.
If enacted, the law would take effect on the first day of the fourth month following its passage, giving law enforcement agencies time to implement new testing procedures.
Key points:
- Senate bill expands implied consent law to include mandatory drug evaluations after fatal crashes.
- Drivers who refuse testing would face the same penalties as those who decline breath tests.
- Certified drug recognition experts would conduct the evaluations to identify drug-related impairment.
