What To Do After a DUI Blood Test – Consult a New Jersey DUI Lawyer
When people think about DUI arrests, typically field sobriety tests and breathalyzers come to mind as the main ways to determine a driver is intoxicated. But what happens if there is a serious accident and a driver is unable to perform a breathalyzer or field sobriety test? Blood testing for a DUI is legally complicated and if you have been blood tested, it is imperative that you hire a New Jersey DUI Lawyer. Here are some basics of the legal ins and outs of blood testing for a DUI.
When are Blood Samples Taken?
In the event of a serious accident, a blood test is taken to determine a suspect’s blood alcohol content. When a suspect sustains serious injuries, they may be unable to perform typical sobriety tests and blood extraction is the only available method to obtain evidence. This is what makes the admissibility of a blood sample as evidence so important. It is the responsibility of your New Jersey DUI lawyer to determine the admissibility of a blood sample in these cases.
Can a Blood Test be Taken Involuntarily?
A common question people ask their New Jersey DUI lawyer is whether not they actually need to submit to sobriety tests. When there is suspicion of driving under the influence, an officer can ask the driver to perform a breathalyzer test voluntarily. The suspect has the right to refuse the breathalyzer test, but will be charged with refusal to submit. With a blood test on the other hand, suspects do not have the right to refuse. If an officer determines that there is probable cause for a DUI, a suspect can be sent to the hospital for testing.
Admissibility of Blood Test Results
There are many stipulations that affect the admissibility of field sobriety and breathalyzer tests. For example, a field sobriety test must be completed on an even surface so it can be clearly determined that alcohol is the main factor affecting one’s balance. Also, breathalyzers must be tested for proper calibration in order for the results to be admissible in court.
The main factor in admissibility for a blood test is that the sample is taken in a medically acceptable manner. The medical professional who takes the blood sample must submit a certificate under oath that the sample was extracted in the proper manner. A New Jersey DUI lawyer will do everything in their power to determine whether or not a blood test is admissible in court.
Chain of Custody Evidence for a Blood Sample
The chain of custody of a blood sample is pivotal information in a DUI case. This means the chain of events that brought a blood sample from the suspect’s body to the courtroom must be diligently scrutinized. This starts with the arresting officer establishing probable cause to place the defendant under arrest and explaining why a blood sample is necessary. The officer will testify that he witnessed an authorized medical professional take the blood sample.
The next part involves explaining what happened to the blood sample immediately after it was taken. There needs to be clear documentation on how the officer personally took possession of the blood sample and transported it to the station. The sample must be properly logged into evidence and placed into storage correctly. There must then be documentation on how the sample was transferred to a forensic lab. A New Jersey DUI lawyer will analyze each step within the chain of custody in order to determine whether or not the blood test can be used.
Expert New Jersey DUI Lawyer
If you or someone you know has been charged with a DUI, you require the help of an expert New Jersey DUI Lawyer. Thomas V Campo is a proven legal expert with over 20 years of experience and hundreds of cases won. Whether your DUI involved a blood test, field sobriety test, or a breathalyzer, Thomas V Campo will make sure that all of the proper steps were taken to protect your rights. For the very best legal assistance, contact Thomas V Campo today.