Yes, for police to withdraw blood for testing, they need either your consent or a warrant from a New Jersey judge.
Drivers in New Jersey are subject to “implied consent” when it comes to breath testing, and if you refuse a breath test, you will be charged with refusal and face similar penalties to a DWI itself.
If you decline the breath test, police may try to coerce you into providing a blood sample, but absent a warrant, they can’t force you to give one.
The consent situation is different in cases where you may have been in an accident and been transported to the hospital.
Blood will likely be drawn as a medical necessity, and the results of that testing can be subpoenaed by prosecutors.
You can be arrested for DWI at the hospital, even if you are not medically stable enough to be transported.
Protect your rights. When you’ve been charged with DWI in New Jersey, call attorney Matthew Reisig at 732-625-9660 and get experienced help.
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