Courts We Serve
- 21 April, 2018
- 15 April, 2018
- 3 April, 2018
New Brunswick Driving While Intoxicated Attorneys
In New Jersey, police and law enforcement rely on the breathalyzer tests to provide the evidence of a suspected drunk driver’s blood alcohol content (“BAC”) in the majority of cases. However, there are occasions where the police seek to obtain this evidence by the taking of a sample of the defendant’s blood for testing and analysis. These scenarios can occur when the defendant has been injured, the defendant refuses to provide a breath sample, the defendant’s BAC is dangerously high, or the defendant’s BAC is unexpectedly low, for example where there is suspected drug involvement. Our dwi lawyers are highly experienced in challenging blood tests so that our clients have every chance of escaping a conviction under N.J.S.A. 39:4-50 in Woodbridge, Edison, East Brunswick, Piscataway or another municipal court in Middlesex County. An attorney is available immediately in our New Brunswick Office for a free consultation at 732-246-7126. Call us anytime 24/7 for assistance from a lawyer on our staff.
Blood Samples in New Jersey DWI Cases
The typical example of blood sample use in New Jersey drunk driving prosecutions involve cases in which the defendant has been injured or is otherwise unable to provide a breath sample. When the police respond to the scene of a motor vehicle accident, one of their primary responsibilities is to provide immediate care and seek emergency medical treatment for any and all injured parties. During the course of the police investigation, the police may develop evidence that leads them to reasonably believe that one or more of the operators of motor vehicles in the accident may have been under the influence of drugs or alcohol. If this investigation creates probable cause to believe the driver is intoxicated, the police may arrest the driver for DWI under N.J.S.A. 39:4-50(a) (New Jersey Drunk Driving Statute). However, due to injuries sustained in the accident, the defendant may require immediate medical attention at a hospital or other medical facility. This prevents the police from administering a breath test within a reasonable time after operation of the vehicle. Also, sometimes injuries caused by the accident may prevent the suspect from performing the breath test altogether. As a result, in these scenarios the police may request the medical staff to extract samples of the defendant’s blood for purposes of determining the blood alcohol content (BAC).
Edison NJ DWI Defense Lawyers
If you or a loved one has been subjected to a blood test after an auto accident and have consequently been charged with DWI, contact an attorney today so that you can know and protect your rights. As the largest DWI defense firm in the State of New Jersey, the Law Offices of Jonathan F. Marshall is here to help you. Our attorneys are certified in standard field sobriety testing and Alcotest certified. Also, two of our lawyers are certified as field sobriety testing instructors, so we are able to fully dissect your case. Contact our Woodbridge Office at 732-634-0700 for a free consultation.