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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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New Jersey Blood Sample DWI Law

In New Jersey, State Troopers and township police will often rely on BAC readings provided from the Alcotest to prove a defendant was in fact “over the limt” or under the influence at the time they operated the motor vehicle. However, in certain scenarios, police will sometimes seek to actually draw the defendant’s blood to test the blood alcohol concentration. These scenarios often occur when the defendant is physically unable to give blood. A common example is when there has been a car accident involving injury so instead of taking the defendant back to the police station to do the testing, police will rely on a certified nurse to draw the blood in a medically acceptable manner while at the hospital. Other examples can be when the defendant refuses to give a breath sample or the defendant is nonresponsive because of such a high intoxication. Blood serum results will not automatically be equivalent to the BAC reading we commonly receive from the breathalyzer, but will instead will need to be converted down uses an equation since they are normally significantly higher. At the Law Offices of William A. Proetta we represent clients facing blood draw DUI cases throughout Hudson County and New Jersey including Jersey City, Kearny, Bloomfield, Union City, North Bergen, and Secaucus. If you or a loved one has been charged with a DWI resulting from a blood draw, contact our office today at (201) 793-8018 for a free consultation with an experienced DWI defense lawyer.

New Jersey Blood Sample DWI Cases

Most departments have their own blood kits that they use in these special circumstances. However, if no police blood kit is available then officers will normally request that a certified nurse draw the blood and then hand it over to the police so that it can be sent to the state lab to be analyzed and tested. All the records showing the change of custody must be accurately kept and provided. It is important that the nurse not use any alcohol swabs to sterilize the area before drawing the blood as this could very easily affect the integrity of the test. Blood draw cases are currently undergoing a large debate in New Jersey because new case law holds that a blood draw is an invasion of privacy and therefore requires that the defendant either consent to the drawing of their blood or that the police first obtain a warrant. However, many critics seem to think that the exigent circumstances and possibility of losing evidence negate the need for a search warrant and justify a warrantless search. This can leave open several grounds for an experienced DWI defense attorney to challenge and look to the get the blood result suppressed. Moreover, because most blood draw cases involve an accident and no Standardized Field Sobriety Testing, it makes the State’s case much weaker and harder to prove if the blood readings are successfully challenged because they are left with little to no basis for proving intoxication. To learn more about how we can defend blood draw DWI charges, contact us today at (201) 793-8018 for a free consultation

 

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