Law enforcement officers in New Jersey most commonly use breathalyzer test results, provided by the Alcotest machine, to support Driving While Intoxicated charges and prove that a driver was legally intoxicated. In some cases, though, the authorities will take a blood sample from a driver and submit that sample for blood testing to support DWI charges in a particular case. Authorities may use this approach in cases where the driver is not capable of providing a breath sample that can be processed with the Alcotest machine. For example, if a driver is involved in a motor vehicle accident and suffers injury, he or she may be taken to the hospital for treatment in lieu of a trip to the police station for a breathalyzer test. If a driver is admitted to the hospital, authorities may then use a blood sample taken from the driver at the hospital for testing.
Blood testing can also be pursued by the authorities when a driver is unconscious or refuses a breathalyzer test. Many police departments have testing kits on hand so that they are able to conduct blood testing when these situations arise. However, despite the easy access that most authorities have to blood testing procedures, there are many requirements that must be met in order for blood test results to be permissible as evidence against you in a DWI or DUI matter. When blood samples are used for blood alcohol content testing, a certain procedure must be followed to convert the results of this test in order to provide results that will be admissible in Court, since blood testing will provide a different result than that which would have been obtained by a breathalyzer test. Additionally, the authorities must be able to provide all relevant records to confirm the chain of custody proving that your blood sample was, in fact, the one that resulted in the readings introduced as evidence in your case. Another requirement dictates that alcohol cannot be used to sterilize the site from which blood is taken for testing, in order to avoid skewing the results of the blood test. Additionally, current case law suggests that in order to use blood test results against you, the authorities must first obtain your consent or a warrant, since blood testing is a considerable invasion of your privacy, but there are still advocates pushing to allow blood test results to be admitted in Court more easily.
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Because the legal landscape surrounding the use of blood test results in DWI and DUI cases is complicated and constantly evolving, if you are facing charges for driving while intoxicated or driving under the influence, it is very important to retain a defense attorney with extensive knowledge and experience regarding the use of blood tests in New Jersey. Although these tests can easily be conducted by the authorities and used against you to establish intoxication, there are also many ways in which a defense attorney well versed in the use of blood tests as evidence can successfully minimize the impact of blood test results on your case, or even have these test results thrown out. At the Law Offices of Jonathan F. Marshall, our powerful legal defense team has years of experience defending DWI and DUI matters and navigating blood testing issues, and we are often able to successfully reduce the impact of these tests in order to help you reach the most favorable outcome possible.
At the Law Offices of Jonathan F. Marshall, our attorneys routinely defend drivers facing DWI or DUI charges where blood test results are being used as evidence in Mays Landing, Galloway Township, Egg Harbor Township, Atlantic City, Hamilton Township, and throughout Atlantic County. If you are facing charges involving blood test results in Atlantic County, please call us for a free consultation. Our skilled and knowledgeable attorneys are ready to review the facts of your case and aggressively pursue the best possible outcome for you. Call us at 1-877-450-8301 or e-mail us to arrange your free consultation today.