Court Says Warrants Not Always Needed to Get Blood in DUIs
One of the more unforgivable crimes a person can commit is driving under the influence, regardless of whether it is drugs or alcohol. This type of action is not only neglectful, but displays a sheer lack of care for other motorists and pedestrians that are also using the road.
That is why the state of New Jersey has been really cracking down on DUI offenders. From DUI checkpoints to strict laws and penalties surrounding the offense, there are plenty of restrictions in place that should sway drivers from getting behind the wheel after a night of drinking.
Unfortunately, that is not always the case and motorists still choose to drive while under the influence. For such occasions, officers of the law have the power to pull someone over if they are suspected of driving under the influence. There are a number of sobriety tests that officers can ask a motorist to complete if they believe they are under the influence of something.
In extreme circumstances, police can look to draw blood from a person, but they usually need a warrant to do so. But recently, the New Jersey Supreme Court ruled that police do not always need a warrant before drawing blood from a person suspected of driving under the influence of alcohol.
The ruling came down in the case of a woman who was charged with vehicular homicide, vehicular assault and driving under the influence of alcohol after she crashed her car and killed one man while injuring two others. The Supreme Court explained that the circumstances surrounding the incident were exigent, which relaxed the requirement for police to get a warrant before drawing blood from the woman.
Proper Protocols Should Still Be Followed
When pulled over by an officer of the law for whatever reason, it is important to know your rights, especially when it comes to a blood or urine test. Under New Jersey law, you do not have to take a blood or urine test when requested by law enforcement. It is also unlawful for a police officer to mislead a driver into thinking they are required to submit to a blood test.
This does not mean you should be rude and challenge the officer. You should always remain polite and cooperative and do your best to not escalate the situation. Blood test or not, you should already be thinking about consulting an experienced DUI lawyer.
A Skilled DUI Lawyer Can Help You
In the event that you consented to a blood or urine test, then hiring a DUI defense lawyer could help challenge the evidence. It is known that blood and urine tests are not 100 percent conclusive and an experienced attorney like John W. Tumelty can help build your defense.
Mr. Tumelty is well-versed with New Jersey law and procedure when it comes to blood and urine tests, as well as DUI offenses. He understands the proper protocols for attaining such evidence and will make sure your rights were not violated in any way by law enforcement.
If you are facing a DUI charge in New Jersey then you should not hesitate another second. Call the Law Offices of John W. Tumelty today at 609-385-40104 to schedule a consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.