NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY DWI BLOOD TESTING

Understanding Blood Testing Procedures in DWI and DUI Cases in New Jersey

In New Jersey, drivers who are suspected of driving while intoxicated (DWI) or driving under the influence (DUI) often undergo breathalyzer tests using the Alcotest machine. However, if a driver is involved in an accident and requires immediate medical attention, is unconscious, or refuses a breathalyzer test, authorities may opt to administer a blood test instead. While blood testing can provide accurate results to prove intoxication, they must be conducted within specific guidelines to produce admissible evidence in court.

Availability of Blood Test Kits

Many police departments in New Jersey carry blood test kits so that they can obtain a blood sample from a driver when necessary. The table below summarizes the availability of these kits depending on the situation:

Table 1: Availability of Blood Test Kits in Different Situations

| Situation | Availability of Blood Test Kits |
|—————————————————————–|——————————–|
| Driver requires immediate medical attention due to an accident | Available |
| Driver is unconscious | Available |
| Driver refuses a breathalyzer test | Available |

Requirements for Admissible Blood Test Results

To ensure that blood test results are valid and admissible in court, law enforcement authorities must follow certain procedures and provide relevant records. The table below outlines these requirements:

Table 2: Requirements for Blood Test Results to be Admissible in Court

| Requirement | Explanation |
|—————————————————————|——————————————————————————|
| Correct procedure must be followed when converting results | Proper procedure ensures accurate results |
| Relevant records must be provided to confirm chain of custody | Records prove that the tested sample came from the driver in question |
| Alcohol cannot be used to sterilize the site of the blood draw | Use of alcohol could compromise the accuracy of the blood alcohol concentration|
| Consent or warrant must be obtained by authorities | Obtaining proper consent or a warrant is necessary due to privacy concerns |

Blood Testing and Privacy Concerns

Because blood testing is considered a significant invasion of a driver’s privacy, authorities must obtain consent or a warrant before using the results in court. However, some argue that it should be easier to admit blood test results as evidence in DWI and DUI cases. Regardless of the legal complexities surrounding blood testing, drivers facing charges for DWI or DUI involving blood test results need an experienced defense attorney.

Seeking Legal Assistance for Blood Test Result Cases

If you are facing DWI or DUI charges in New Jersey, including those relying on blood test results, it is imperative to seek the help of a skilled defense attorney. The Law Offices of Todd Spodek features a team of accomplished lawyers who have extensive knowledge handling issues related to blood testing in New Jersey.

We work hard to achieve positive outcomes for our clients in Atlantic City, Galloway Township, Egg Harbor Township, Mays Landing, Hamilton Township, and throughout Atlantic County. Our attorneys can review your case details during a free consultation and offer guidance on legal options available to you. Contact us today by calling 888-981-0039 or emailing us for assistance with your case.