If you were forced to give a blood sample during a DWI stop in New Jersey that subsequently lead to a DWI charge, it’s important that you know your rights. Driving while intoxicated (DWI) can have significant repercussions that will affect your ability to continue driving and to obtain insurance (among other consequences). If you have a DWI charge, act now by hiring a New Jersey attorney. Your rights matter and you need to build a strong case.
The United States has a major drunk driving problem. In fact, nearly one in three traffic fatalities involves a drunk driver. We all know that it’s never a good idea to drink and drive, but sometimes drivers face unfair DWI convictions that are based on poorly collected evidence like faulty blood tests. Protect your rights.
Prosecution and Implied Consent
DWI prosecutors most often rely on blood alcohol content (BAC) in determining whether a driver was under the influence of alcohol. In New Jersey, the legal limit for operating a vehicle is 0.08 percent. New Jersey takes the legal attitude that if you choose to drive on New Jersey’s roads then you implied consent when it comes to providing a breath sample for use in determining your BAC. This implied consent, however, does not extend to blood testing. There is no legal penalty for refusing a blood test in New Jersey.
New Jersey’s Legal Stand
The courts of New Jersey protect against mandatory blood draws. New Jersey police, instead, must have probable cause to suspect you of driving while intoxicated, and any blood drawn must be taken at a healthcare facility and in a medically appropriate manner. The court in State v. Ravotto ruled that New Jersey police cannot obtain a driver’s blood sample by using excessive force.
If an officer forced or didn’t properly obtain the blood sample that led to your DWI charge, that evidence may not be admissible. Every DWI case is different, and the circumstances of your charge matter. Fighting your blood test evidence can be complicated; retain a skilled New Jersey DWI attorney today.
If You Have a DWI Charge in New Jersey, call 732-238-8686 for More Information Today
If you or your loved one is facing a DWI, David C. Barry, Attorney at Law, can help. Attorney David C. Barry knows that the stakes involved are too high to leave to chance, and he strongly recommends that you retain an experienced DWI New Jersey attorney who will fight for you and your rights. David will ensure that any evidence used against you is valid. He will fight to eliminate any evidence that should be inadmissible, including a faultily obtained blood test. If you’re in need of legal guidance and would like to discuss your case, call David today at 732-238-8686.