Blood Drawn For Medical Care Used in DUI Prosecution in NJ
- March 18, 2013
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In matters where probable cause exists to believe you were driving under the influence of intoxicating substances the police may obtain blood drawn for the purposes of treating you medically and test for the presence of intoxicants. Although driving on the roads of New Jersey creates an implicit agreement that, if you are suspected of DUI, you will provide breath or blood samples, you retain the right to refuse to provide such samples and face the penalties of refusal statutes instead. In cases where an accident has occurred, often the defendant is unconscious and cannot offer or deny consent. In other cases, a conscious defendant may consent to a physician or other hospital employee taking blood in the event a transfusion is needed or for other medical reasons outside the presence of law enforcement officers. In these cases there may be no request whatsoever at the time of treatment from police officers for consent to test the defendant’s blood for intoxicants. However, the police may still attempt to obtain samples of the defendant’s blood to prove guilt in a DWI case against the defendant. DUI/DWI in NJ will have a serious impact on your life and can have significant implications in related matters such later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on Driving While Intoxicated, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.