DWI Blood Testing In New Jersey
Experienced New Jersey DWI Lawyer Discusses Forced DWI Blood Testing
There is an issue with getting blood from someone who was suspected to be under the influence and the issue is whether or not the police can actually force you to give blood.
If you think about it, the police officer says, “We’re bringing you to a hospital; we’d like you to give blood,” and you say, “No.” That could be the end of the story but if this happens, where the police say, “We’d like you to give blood. We’re bringing you to the hospital,” and they get you to the hospital and you say, “No.”
What can the police do at that point? Well, they can try to convince you. That’s where you are going with the conversation, or they can try to force you. As an experienced New Jersey DUI lawyer, I recently did some research on this for a client that I have.
If the Police Have Forced You to Submit to a Blood Test, Are the Results Admissible As Evidence?
In fact, there are some rules that do allow the police to use a reasonable amount of force to extract blood from you in order to test it to see whether you were under the influence of any substance. This typically happens when the defendant is physically unable to give blood themselves due to high intoxication. Every case is unique and depends on a variety of factors but there are various defenses that can be used to challenge the results, or legality of these types of tests.
If you or a loved one have been subjected to forced DWI blood testing in New Jersey, contact the law office of Carl Spector immediately for a free confidential consultation with an experienced New Jersey DUI lawyer.