The proposed Michelle Sous Law mandates that a blood sample be obtained from any driver involved in a motor vehicle accident that results in death, amending R.S.39:4-50 to improve the enforcement of driving under the influence (DUI) laws. This law requires that drivers are deemed to have given consent for both breath and blood tests to determine the presence of alcohol or drugs, with blood samples specifically required upon the issuance of a warrant in fatal accident cases. The bill also establishes penalties for refusing to submit to a blood test, aligning these consequences with those for refusing a breath test, and tasks municipal courts with assessing probable cause for arrests and refusals.

In addition to these provisions, the bill includes amendments that delete certain existing penalties for DUI offenses while introducing new requirements for Intoxicated Driver Resource Centers. These centers must be administered by certified counselors and are responsible for creating individualized treatment plans for offenders, emphasizing compliance with treatment programs and establishing a fee structure for participation. Overall, the Michelle Sous Law aims to strengthen the legal framework surrounding DUI offenses and enhance public safety on New Jersey's roads by ensuring that drivers involved in fatal accidents are tested for substance use.

Statutes affected:
Introduced: 39:4-50.2, 39:4-50.4