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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.

When Can Police Conduct a Blood Alcohol Test in a New Jersey DUI?

when-can-police-conduct-a-blood-alcohol-test-in-a-new-jersey-duiThe police can pull you over for any visible violation of traffic laws, or with reasonable suspicion that you’ve either committed a crime or are in the process of doing so. However, what if police pull you over because of an equipment violation and then want to conduct a blood alcohol test? Suppose there’s no indication that you’ve been drinking and the police admit they didn’t notice anything out of the ordinary? Are there limits as to when a law enforcement officer can require a driver to submit to a blood alcohol test?

In New Jersey, the prevailing law requires a police officer to have one of two things in order to mandate that a driver submit to a blood test—the consent of the driver or a warrant. Physically drawing your blood has been ruled an invasion of privacy in New Jersey, and cannot be performed without a warrant or without consent.

In most instances, the police officer will ask you to submit to a blood test. You have the right to refuse, and that decision cannot be used against you in court as evidence of your guilt. However, you will face automatic suspension of all driving privileges. A better option is to take the test and try to contest the validity of the test.

If you can’t consent or are unconscious, the police officer cannot compel you to submit to a BAC exam. The officer may call a judge on the phone and seek to get a telephonic warrant, however.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

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