Forced Blood Draws in New Jersey
New Jersey is among many other states with an implied consent law on the books. Under this law, drivers who are pulled over and suspected of drunk driving will face serious license-related penalties if they refuse to submit to a breath test of their blood alcohol content.
There is no penalty in New Jersey for refusing to submit to a blood test. However, until 2013, it was legal for officers to forcibly draw a person’s blood and for the results of that test to be used against the accused drunk driver in court.
Officers Need a Warrant
You should know that officers are now required to obtain a warrant before forcibly taking your blood after a DWI arrest.
If your blood was forcibly taken after you were arrested for DWI, there are ways an experienced defense attorney can attack both the draw and the results of the test.