DWI Blood Tests Hamilton NJ
Although all New Jersey drivers automatically consent to provide a breath sample when requested by police, no such implied consent exists for blood tests. As a result, you may be able to challenge the result of any blood sample in your DWI case.
Princeton DUI Attorneys
Kamensky Cohen & Riechelson is a well-respected law firm with a rich tradition of success in New Jersey. Our lawyers have more than 40 years of experience representing DWI clients throughout Mercer County, including West Windsor, East Windsor, and Hamilton. When the time comes to challenge your blood test evidence, you can count on KCR because we have a proven track record in drunk driving cases. Call now to speak with a member of our DWI defense team.
Blood Tests in Mercer County DWI Cases
Generally speaking, New Jersey drivers suspected of a DWI cannot be physically forced to submit to a blood test. If you were forced by police to give blood, the tests results may be ruled inadmissible as evidence of impairment or intoxication.
However, there are circumstances that allow your blood to be drawn and used as proof of intoxication. Some examples include:
- DWI Accident: Many times, your blood is drawn at the hospital during emergency medical treatment. When this happens, the police may be able to subpoena the blood work if there is probable cause to believe you were driving while impaired.
- High BAC: Additionally, your blood may be involuntarily drawn if you register a dangerously high blood alcohol concentration (BAC) on a breath test.
- DUI Drugs: Your blood may also be drawn if you are suspected of being under the influence of a controlled dangerous substance (CDS). This can happen when your breath test shows an extremely low BAC which conflicts with the results of field sobriety tests.
Keep in mind that a police officer cannot mislead a driver into thinking that they are required to submit to a blood test. However, your blood can potentially be drawn by force if you refuse to submit a blood sample.
Challenge Your DWI Blood Test Results
Even if you took a blood test and were found to be over the legal limit, you should not assume that you have to plead guilty. Some of the best arguments against the admissibility of a DWI blood test sample include:
- Improper Certification: The blood sample must be taken in a medically acceptable manner. For starters, the blood test should be conducted by a professional who is properly certified to administer the test.
- Contamination: Steps must be taken to ensure that your test results are not contaminated. If the prep swab had traces of alcohol, the test results may be inadmissible.
- Improper Chain of Custody: Once your blood sample is drawn from a DWI suspect’s body, proper chain of custody must be maintained. We will make sure that your blood sample was stored properly by the police lab.
Speak with a Lawrence DUI Defense Attorney
The DWI defense team at Kamensky Cohen & Riechelson knows what it takes to challenge the results of your blood test sample and win your drunk driving case. Call or email us to schedule a free consultation at our offices in Pennington and Trenton.