September 1, 2024
New Jersey has strict laws against driving while intoxicated (DWI). The consequences can be life-changing if you’re convicted of the offense. An attorney from a law firm in New Jersey explains that if you’re lawfully arrested under the suspicion of drunk driving, you must take a chemical test to check the alcohol concentration levels in your blood under the principle of implied consent.
However, there is no offense in refusing to take a blood test, but you can be charged for refusing a breath test. If your blood was taken by force for BAC testing, you need the legal representation of a New Jersey DWI lawyer to challenge the procedure to protect your rights.
DWI blood tests are chemical tests by the police to determine or verify whether you are intoxicated and to what extent. Law enforcers can perform the tests under the following circumstances:
Blood tests produce more accurate results than urine and breath tests but are more intrusive. Consult a skilled DWI lawyer in New Jersey for more insights on your rights when subjected to a DWI blood test.
While you can refuse to take a DWI blood test in New Jersey, the consequences can be severe even if you’re acquitted of an intoxicated driving offense. You will be hit with administrative penalties based on implied consent laws.
Once you obtain a driver’s license anywhere in the United States, you implicitly imply that you agree to obey respective state laws, including submitting to chemical tests. So, if police officers suspect you of driving while intoxicated and you refuse to take a breath or blood test, you’ll face automatic administrative penalties. These include fines and license suspension.
The U.S. Supreme Court first sanctioned blood draws in 1966, with the justices ruling that a warrant is not required if the sample is obtained under medically approved procedures after a lawful arrest. However, the procedures should only be performed upon the reasonable belief that the person is under the influence.
If these conditions are met, then forced blood draws won’t be deemed to disregard the driver’s Fourth Amendment right against unlawful search and seizure. The Supreme Court further endorsed forced blood draws when the justices refused to review a Wisconsin Supreme Court verdict that upheld the right of law enforcers to draw blood forcefully after the driver had already taken several breath tests.
Affirmation of the Wisconsin ruling implied that police officers can take blood by force to obtain additional evidence. Courts have often ruled that warrants are not necessary for forced blood draws because of the temporary nature of alcohol in the blood. However, civil rights advocates argue that these procedures violate an individual’s privacy and the right against self-incrimination.
A DWI lawyer in New Jersey explains that courts in New Jersey take a proactive stand against forced blood draws. They determine that law enforcers can’t use unreasonable force to obtain a blood sample from you even when they suspect you of drunk driving.
If you’ve been a victim of forced blood draws or tests, consult a skilled New Jersey DWI lawyer immediately. They can thoroughly evaluate the circumstances surrounding the forced blood draw and determine whether there was any justification for it. If not, they can file a motion to suppress any evidence that was improperly obtained.
A motion to suppress evidence is a request to the court to exclude evidence because officers violated your rights or failed to follow legal procedures when gathering it. A forced blood draw could also be excluded if the protocol laid out by the state court or Supreme Court was ignored. If approved, suppression of evidence could make the court dismiss the charges or reduce the penalties.
While blood tests produce better results than breath tests and can identify specific drugs and the amount, they can also be unreliable. Some situations that could warrant the suppression of blood test results in DWI cases in New Jersey are:
A skilled DWI lawyer in New Jersey with the right experience and knowledge in DWI cases can identify unreliable test results and file a motion to suppress the results.
The consequences of a D.W. charge can be severe, especially if a blood test shows that you had illegal drugs or high amounts of an intoxicating substance in your system. You can refuse a blood test in New Jersey, which could subject you to administrative penalties. Since navigating the issue of DWI blood tests can be complex, consult a skilled DUI lawyer for guidance.
At The Hernandez Law Firm, P.C., our New Jersey DWI lawyer wants to ensure you’re informed and understand your rights and legal options during a DWI investigation. Our legal team fights for the freedom of those accused of DWI, and we can help you, too. Call us at 732-582-5076 for a FREE consultation.
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