If you were involved in an accident in New Jersey and transported to the hospital unconscious, you might be wondering: Was it legal for police to get a blood sample from me without my consent?
The short answer is — maybe. Recent court decisions have made it clear that police generally need a warrant or your consent before they can legally draw blood for evidence in a DWI (Driving While Intoxicated) investigation. However, things can get complicated when you are unconscious and unable to give or refuse consent at the time.
When you arrive at the hospital, doctors and nurses often take blood samples for medical reasons, like checking for internal injuries or ensuring you get the right treatment. That blood draw is completely separate from what law enforcement may request. If the police want a separate blood test for legal purposes, they usually must present a valid warrant to the hospital. Without a warrant, the evidence they collect could be challenged or thrown out in court.
If you don’t know whether the police obtained a warrant for your blood draw, you’re not alone — most people in this situation don’t. This is where having an experienced DWI defense team becomes critical. A strong legal team can dig into the details, review the evidence, and investigate whether your constitutional rights were respected.
Even if a warrant was presented, the police must have followed strict rules and procedures. If they failed to meet those legal requirements, your attorney may be able to get the evidence suppressed, which can significantly weaken the case against you.
That’s why it’s so important to have the right legal help by your side. Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful criminal defense firms for almost 30 years. Led by attorney Matthew Reisig, the firm has helped thousands of clients across the state fight DWI charges, protect their rights, and avoid life-changing penalties.
Matthew Reisig understands that a DWI arrest can be overwhelming and stressful. Penalties for DWI in New Jersey can include fines, license suspension, ignition interlock devices, and even jail time — but an arrest does not automatically mean a conviction. With the right defense strategy, there are often many ways to challenge the evidence, question police procedures, or negotiate a better outcome.
If you were arrested after an accident and blood was drawn without your consent, don’t wait to get the help you need. There are time limits for filing motions and preparing defenses, so the sooner you act, the better.
Call Reisig Criminal Defense & DWI Law today at 732-625-9660 for a confidential consultation. Let an experienced and highly respected DWI attorney review your case, explain your options, and build a defense that gives you the best possible chance at success.
For nearly three decades, Matthew Reisig and his team have been standing up for people just like you, making sure they get fair treatment and the strongest defense possible. Reach out today — your future is worth it.
