Two years ago, the United States Supreme Court decided a case that said a search warrant must be obtained before drawing blood from drivers believed to be driving under the influence of drugs or alcohol (DWI/DUI). This month, the New Jersey Supreme Court extended that ruling to apply to relevant cases currently in the court system.
Essentially, anyone currently facing NJ DWI charges based on a blood sample taken without a warrant may have grounds for dismissal of evidence, says Atlantic City criminal defense lawyer John W. Tumelty.
Police generally want to take action on drawing blood in suspected DWI cases because waiting for a warrant will allow the effects of the alcohol to dissipate in the bloodstream. However, in deciding Missouri v. McNeely, the U.S. Supreme Court’s said that reality shouldn’t justify drawing blood from without a warrant. The exception is when the police believe there is exigent circumstances. New Jersey judges will be permitted to rule on whether or not there was sufficient reason in each case to consider the situation exigent.
Mr. Tumelty suggests anyone facing DWI charges based on a blood sample taken without a warrant should contact his Atlantic City law office right away. “I will move to suppress the blood results based on a 4th amendment violation,” he said.
Contact the Law Offices of John W. Tumelty today for a free consultation about your DWI case or any other traffic or criminal charges you are facing in Atlantic or Cape May counties in New Jersey.