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New Jersey Blood Sample DWI Law

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

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Ocean County NJ DWI Blood Test Lawyers

In New Jersey, state and local police rely on the Alcotest 7110 and Standardized Field Sobriety Testing (SFST) to provide the requisite evidence that a suspected drunk driver’s blood alcohol content (BAC) is over the legal limit in the majority of cases. However, on rare occasions law enforcement will actually seek to obtain this vital evidence through a sample of the defendant’s blood analysis and testing. These scenarios often occur in situations in which the defendant has been seriously injured, the defendant has refused to provide a breath sample, the defendant’s (BAC) is extremely high to the point of being dangerous to the defendant, or the defendant’s BAC is uncharacteristically low for the type of intoxication that is being demonstrated by the defendant. This often leads to suspected Drug DUI charges.

New Jersey Blood Sample DWI Cases

Sometimes, defendants are injured due to an auto collision by the time the police arrive at the scene, and therefore unable to have a breath test administered. However, one of the primary responsibilities of state and local police officers is to provide immediate care and seek emergency medical treatment for injured parties. During the course of the initial police investigation, officers may find evidence that one or more of the automobile drivers in an accident may have been under the influence of drugs or alcohol. If it is determined that probable cause exists as to a suspected drunk driver, the police may arrest the offending driver for DWI pursuant to N.J.S.A. 39:4-50(a). However, as a result of injuries sustained in the accident, the defendant may require immediate medical action. As such, the police will be prevented from administering an Alcotest or conducting a Standardized Field Sobriety Test within a reasonable time after operation of the vehicle. Furthermore, injuries sustained in an accident may prevent a suspect from performing the breath test altogether. As a result, police may request that the emergency medical workers at the hospital draw the defendant’s blood for purposes of determining the blood alcohol content (BAC).

Jackson NJ DWI Defense Attorneys

As you can see, the State of New Jersey places great emphasis on police officers to procure BAC of suspected drunk drivers for the purpose of ensuring safe roadways and to aggressively prosecute drunk driving. If you have had blood samples extracted from you as a result of a DWI incident in Ocean County including, Toms River, Lacey, Eagleswood, Little Egg Harbor, Beachwood, Tuckerton, Brick Township, or Lakewood, feel free to contact an experienced Ocean County DWI defense lawyer at the Law Offices of William A. Proetta at (848) 238-2100 for a free initial consultation.

For more New Jersey DWI information, please feel free to visit our Ocean County DWI Resource and Ocean County DWI Penalties pages.

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