New Jersey DWI Lawyer Blog
The law surrounding the process of obtaining a driver’s blood for testing purposes is clearly outlined in New Jersey law. If you or someone close to you has been subjected to a blood test without your consent because the police believed you were driving under the influence of drugs or alcohol, our skilled New Jersey drugged driving attorneys can help.
What began as a routine investigation of a car accident quickly escalated and ended up with a New Jersey assemblywoman being arrested for driving while intoxicated (DWI) because the police believed she was under the influence of marijuana.
Police say the smell of marijuana was emanating from the car when the woman was stopped. She claimed that the smell was not of marijuana but instead of cigars, which she had been smoking earlier that evening. The woman refused to do a field sobriety test, at which point she was placed under arrest. She was then subjected to a drug test via her blood. The woman’s attorney says he is fighting to suppress the test, since the blood was drawn without the defendant’s consent and without a warrant.
Under New Jersey law, the basic offense of a DWI consists of getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. A DWI charge is also appropriate if a person is behind the wheel under the influence of drugs. In fact, under New Jersey Statute 39:4-50, individuals are prohibited from driving under the influence of “any narcotic, hallucinogenic or habit-producing drug.” This includes illegal drugs, over-the-counter medications, and prescription medications.
In the case at hand, the defendant claims she was forced to undergo a blood test without her consent. Under New Jersey’s implied consent laws, drivers who do not submit to a breath test when they are asked to do so by a police officer will be penalized. However, this rule does not apply to blood testing. As a result, there is no penalty for refusing to provide a blood sample under state law.
New Jersey courts have taken a clear stance against forced blood tests. To conduct a blood test within the parameters of the law, law enforcement is required to have probable cause to believe that the defendant is intoxicated, and the blood that is drawn must be carried out in a medically suitable way. In addition, police are prohibited from using “excessive force” to obtain a blood sample from a driver. If a defendant is forced to provide a blood sample in an improper way (i.e., not obtained in a medically acceptable manner, or it was acquired by undue force), the evidence may be barred from being presented at trial. If the evidence is suppressed, the charges against you may be reduced or even dropped.
If you or someone close to you has been arrested for a DWI and subjected to a blood test by force or without your consent, you need to speak to a skilled New Jersey DWI attorney without delay. We will scrutinize the specific facts of your arrest, and if we believe that a blood sample was wrongfully obtained, we will file a motion to suppress that evidence. To learn more, call us at 877-450-8301 or contact us online.
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