New Jersey Blood Test DWI Cases
Parsippany NJ Driving Under the Influence Lawyers
Blood tests for blood alcohol content ("BAC") taken after an accident or other legally authorized traffic stop can and will be challenged. We press the police and move to suppress or bar the blood test evidence by confronting and revealing the defects in the process. These challenges may contest the methods and processes involved in taking and preserving the evidence, the justification for the blood tests, the basis for the underlying stop, and the competency of the officer or administrator of the blood test.
Do I have any Rights?
You have no legal right to refuse a blood test. However, the DWI Refusal Statute deals only with refusal to submit to a Breathalyzer Test. As such, you will not have your license suspended merely for refusing the blood test. However, please keep in mind that the police may compel production of a blood test when a defendant has been injured and is in need of medical attention or because of the defendant's injuries renders him or her unable to provide a breath sample. Also, if the defendant refuses to provide a breath sample and it is reasonably believed that the defendant's blood alcohol content (BAC) is dangerously high, a blood sample may be taken.
However, it must be emphasized, that although the police may compel a blood test, we will attack the State's process in obtaining the sample. The blood test, in accord with State v. Ravotto, must be taken in a medically acceptable manner and environment. As the Supreme Court of New jersey has held, "..because of the important rights at stake and in view of the fact that the State has the burden of justifying its actions, the reviewing court must resolve any doubts in favor of defendant when deciding whether a [blood test] or search was reasonable. See, State v. Ravotto, 169 N.J. 227 (2001).
