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Challenging a Blood Test in a New Jersey DUI

challenging-a-blood-test-in-a-new-jersey-duiIf you have been pulled over and charged with driving under the influence in New Jersey, your first inclination may be to see if the prosecutor will allow you to plea bargain to a lesser offense. Unfortunately, New Jersey law does not allow a party to plea bargain in a DUI prosecution. Accordingly, if you want to minimize the consequences or impact of a DUI charge, you’ll need to either get the charges dismissed or exclude evidence such that the prosecutor reduces the charges.

How to Challenge a Blood Test

One of the best ways to avoid or minimize the consequences of a DUI arrest is to bring the validity of the blood alcohol tests into question. You can do this by asking a variety of questions:

  • Who conducted the blood test? Was it a licensed medical professional? If not, you may be able to challenge the results. Furthermore, if the prosecutor can determine who conducted the test, and you can’t examine that witness in court, the case can also be dismissed.
  • When was the blood alcohol equipment last serviced, tested or calibrated? Can you produce evidence of false readings in the past?
  • Did the person conducting the test use an iodine swipe on your skin before taking blood? That can alter the readings of a blood test.
  • Is there any blood left over for an independent test? If not, you may be able to get the case dismissed.

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

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