Reisig Criminal Defense & DWI Law, LLC

DUI Defense For Every County In The State Of New Jersey

1,402 Of My Clients = NO DWI!*

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Don’t The Police Need My Consent To Draw Blood In New Jersey If They Suspect Intoxication?

July 3, 2014 by Matthew Reisig

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.

Filed Under: DWI Testing

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RECENT POSTS

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  • Wrong-Way Route 22 Driver Was Drunk, Say Police

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Reisig Criminal Defense & DWI Law, LLC OFFERS FREE TELEPHONE AND OFFICE CONSULTATIONS AT 732-625-9660.

Main Office: 1 Broad Street Freehold, NJ 07728 – 732*625*9660
Satellite Office: 2500 Plaza 5, 25th floor, Jersey City, NJ 07311 – (201) 793-7226
Satellite Office: 923 Haddonfield Rd, Suite #300, Cherry Hill, NJ 08002 – (856) 334 0559
Satellite Office: 317 George Street, 3rd Floor, New Brunswick, NJ 08901 – (732) 659-0984

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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