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It may have been lawfully obtained. Recent case law dictates that police are required to obtain a warrant (or get the driver’s consent) before drawing blood.

Upon arrival at the hospital unconscious, medical personnel would have had to take blood for analysis, and if police presented a warrant for an additional blood draw, the hospital would have provided it.

If you don’t know whether a warrant was obtained, there are ways to find out.

This is certainly one area where a strong defense team can examine evidence and question the means by which it was gathered.

If you have been in an accident and had blood drawn without your express consent, you may have cause to defeat a DWI charge in New Jersey.

Even if a warrant was obtained, a number of defenses exist.

Call attorney Matthew Reisig at 732-625-9660 for help right away.

As much as the police and prosecutors would like for you to decide that the evidence they have against you is airtight and that there’s nothing you can do to fight back, the truth is that a breath test reading over 0.08% isn’t the silver bullet they want you to believe it is.

There are many defenses against a DUI in New Jersey, and the only way to properly develop a strategy is to examine the particulars of your case.

For starters, we’ll begin by asking what was the probable cause for pulling you over.

In the field, police will often initiate a traffic stop based on a hunch rather than witnessing a violation of traffic laws. If you broke no laws, there was no probable cause.

We’ll ask to see any videos the police cruiser may have recorded, which can also tell us important information about any field sobriety test you may have been asked to take.

We’ll examine your health history and diet, and ensure that you are physically able to provide a usable sample, and that your physical condition would have provided a reliable sample. Certain illnesses, asthma, and diets can impact the quality and reliability of the test result.

And we’ll validate that the Alcotest device was properly calibrated and maintained, that the test was administered by a properly authorized agent, and that the testing protocols were followed.

There are many opportunities to push back against a DWI charge in New Jersey, and Matthew Reisig has more experience at it than most other attorneys in the state. Call today at 732-625-9660 for a free consultation.