Blood Tests in Morris County DWI Cases
DWI Defense Lawyers in East Hanover, New Jersey
Travis J. Tormey is an experienced criminal defense and drunk driving (DWI) attorney who has been representing clients throughout New Jersey for years charged with alcohol related offenses including third offense DWI, refusal to submit to a breath test in a school zone, and driving under the influence of drugs (DUI) throughout Morris County. In fact, Mr. Tormey is one of a few New Jersey attorneys who is a certified Alcotest 7110 operator, the breath testing device used throughout the state to prosecute drunk driving cases. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case. Mr. Tormey is available immediately to assist you at 866-949-6948. The initial consultation is always provided free of charge.
Our DWI defense team is composed of a former New Jersey DWI prosecutor, an attorney who is certified on the Alcotest 7110 breath testing device, and a retired NJ State trooper who is certified not only on the breath test machine but also in the field sobriety tests.
Blood Tests in New Jersey DWI Prosecutions
The vast majority of drunk driving prosecutions in New Jersey utilize a breath test result from the Alcotest 7110 breath testing device to prove the driver’s level of intoxication. However, in some cases, a breath test result in not available and a blood test is used to prove the drivers intoxication level. Typically, blood tests are used when an accident is involved and the driver is taken to the hospital from treatment. Some cases where blood tests are used include:
- A defendant has been injured and is in need of medical attention or because of the defendant’s status as being injured renders them unable to provide a breath sample
- A defendant’s blood alcohol content (BAC) is dangerously high
- A defendant’s blood alcohol content (BAC) is dangerously low
There are several ways to challenge the admissibility of a blood test result in a DWI case in New Jersey. First, it is possible to challenge the reliability of the sample based on the way the blood sample was obtained. It is also possible to challenge the chain of custody of the evidence obtained. Finally, you can also challenge the credentials of the individual who procured the blood because they must be medically authorized and licensed to do so.
Refusal to Submit to a Blood Test: Not a Valid Charge in New Jersey
Refusal to submit to a breath test is a valid charge in New Jersey under N.J.S. 39:4-50.2. However, refusal to submit to a blood test is not a valid charge. Police have the right to take blood in certain cases without your permission. As such, you do not have the right to refuse to submit to a blood test. Therefore, refusal to submit to a blood test is not a valid violation in New Jersey. Mr. Tormey recently represented a client in Newark Municipal Court who was improperly charged with refusal to submit to a blood test. As a result, Mr. Tormey was able to get that charged dismissed as a matter of law.
Contact a Dover NJ DWI Lawyer for a Free Consultation
Our experienced criminal defense lawyers are available immediately to assist you with your DWI case in New Jersey. Our DWI defense team is composed of a former New Jersey DWI prosecutor, an attorney who is certified on the Alcotest 7110 breath testing device, and a retired NJ State trooper who is certified not only on the breath test machine but also in the field sobriety tests. Contact our offices anytime for a free initial consultation at 866-949-6948. We are happy to talk to you about your case.