Blood Tests

New Jersey Drinking & Driving Defense Attorneys

At the Moriarty Law Firm, we have been successfully defending clients against DWI/DUI charges throughout Middlesex County, Monmouth County, Ocean County and the rest of New Jersey for decades. Defeating the charges against you is our primary goal, we work hard to beat your case, plain and simple.

If you or someone you know has been charged with a DWI or a DUI in New Jersey, call (732) 842-7773 anytime to speak with one of the Moriartys and schedule a free initial consultation. You can also contact us by e-mail, and we will respond in less than 24 hours.

Blood Tests

In New Jersey, the Breathalyzer was the machine used to test breath samples in New Jersey prior to the introduction of the Alcotest machine. The Alcotest is the primary method of obtaining a defendant’s BAC. However, there are rare occasions where the police seek to obtain this vital evidence by the taking of a sample of the defendant’s blood for testing and analysis. This happensr when the defendant has been injured, the defendant refuses to provide a breath sample, the defendant’s blood alcohol content (BAC) is dangerously high, or the defendant’s blood alcohol content (BAC) is suspiciously low and the police suspect drug involvement.

New Jersey DWI Blood Cases: When the Driver has Been Injured

One of the most common reasons for the police to take a blood sample over a breath sample is because the driver has been injured and can’t give a proper breath sample. If a police investigation creates probable cause to believe the driver is intoxicated, the police may arrest the driver for DWI under N.J.S.A. 39:4-50(a). However injuries to the driver may prevent the police from administering a breath test within a reasonable time after operation of the vehicle. As a result, in these scenarios the police may request the medical staff to extract samples of the defendant’s blood for purposes of determining the blood alcohol content (BAC).

There is a procedure which must be followed carefully by both the police and the medical staff when taking a blood sample in a DWI case. Very often, this procedure is not properly followed. This is an area ripe for defense, and an area that the Moriarty’s know how to exploit on behalf of their clients.

By calling (732) 842-7773 or contacting us by email you are taking the first step toward potentially winning your DWI case and preserving your right to drive and your freedom. Call us today, we are standing by.