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Blood Testing in New Jersey DWI Cases

Most DWI cases in New Jersey involve breath testing, but law enforcement may seek a blood sample in certain situations. Blood tests can provide important evidence in cases involving suspected drug impairment, serious crashes, or other circumstances where a breath test is not appropriate. However, a blood test does not automatically guarantee a conviction.

If you have been subjected to a blood test due to a suspected DWI and have yet to consult with our DWI lawyers at LACE Law, here’s what you should know about blood testing in NJ.

The Police Cannot Just Take Your Blood in a New Jersey DWI Case.

Officers may seek a blood sample when they believe a driver is impaired by drugs, when a breath test cannot be completed, or when the circumstances of the investigation require additional evidence. Take note that New Jersey’s implied consent statute applies only to breath testing.

Because drawing blood is considered a search under the Fourth Amendment, law enforcement must justify a blood draw with a warrant, valid consent, or another recognized exception to the warrant requirement. Whether a blood sample was lawfully obtained is a crucial issue in defending against a DWI charge.

How a Blood Sample is Collected and Tested

After a blood sample is collected by an authorized medical professional or other qualified individual, it is submitted to a laboratory for analysis. The testing process typically includes documenting when the sample was collected, how it was stored, who handled it, and the laboratory procedures used to analyze it.

Each step is important because prosecutors must demonstrate that the sample tested actually belonged to the defendant and that it remained properly preserved throughout the process. Our DWI attorneys in Atlantic County can review lab reports, collection records, and chain-of-custody documentation to determine whether the testing process complied with legal and scientific standards.

You Can Challenge The Results of a Blood Test

Like any other form of evidence, blood test results can be challenged. Depending on the circumstances, issues may include:

  • An unlawful blood draw or an invalid search warrant
  • Breaks in the chain of custody
  • Improper collection or storage of the sample
  • Laboratory testing errors
  • Contamination or mislabeling
  • Questions about the accuracy or interpretation of the results

An issue with one stage of the process does not automatically invalidate the evidence, but it may affect the reliability or admissibility of the blood test results. Our DWI lawyers in Atlantic County can carefully assess the collection procedures, laboratory records, and scientific evidence to determine whether the prosecution can establish the test’s veracity.

A Blood Test Does Not Equal a DWI Conviction in New Jersey

A blood test is only one piece of evidence in a DWI prosecution. Prosecutors must still prove that the blood sample was legally obtained, accurately analyzed, and properly connected to the defendant. There is also other evidence, such as officer observations, driving behavior, witness testimony, and video footage, among others, that they may use to build their case. Every DWI case should be evaluated based on the totality of the evidence rather than a single lab result.

Dealing With a DWI in Atlantic County?

A blood test may appear persuasive, but prosecutors must still establish that every step of the testing process complied with constitutional requirements and accepted scientific procedures. For more information about blood testing in DWI cases or how we can help with your case, contact LACE Law at 609-225-4065 or online to schedule your complimentary case review.