Defending a DUI Charge in New Jersey – Blood Tests

DUI Charge in New Jersey-Blood Tests

When you’ve been arrested and charged with drinking and driving in New Jersey, you may want to simply be done with the legal process. To that end, you may ask your lawyer if a plea bargain can be reached. The answer—no! New Jersey does not allow plea bargaining in DUI cases. For that reason, the best ways to minimize the consequences of an arrest for drunk driving are twofold: either get the charges dismissed on a technicality, or successfully exclude evidence, such as blood tests, so that you can reduce the charges.

Challenging Blood Tests

One of the most effective and fundamental ways to defend a DUI charge is to bring the reliability of blood tests into question. There are a number of ways to do this. Some of the questions that might be asked to raise legitimate concerns about the reliability of the tests include:

  • Who performed the blood test? Was it a licensed doctor or registered nurse? If not, you may have cause for challenge. Or, if you don’t know who took the test and can’t produce that person to testify at trial, the case may be dismissed
  • Did the person drawing the blood use an iodine swab to clean the skin? Iodine swabs have been show to alter the readings on a blood alcohol test.
  • When was the blood alcohol test machine last serviced? Is there evidence that the machine gave inconsistent readings or false positives in the past?
  • Is there any leftover blood for an independent test? If not (if the state discarded the blood), you may be able to argue that, because you can’t do an independent test, the charges should be dismissed.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Ways to Minimize the Risk of a DUI This Summer

Young man in handcuffs

It’s summer—time to get out the grill, throw some steaks on and have a few beers. But an arrest for drinking and driving can ruin your entire year. Here are some tips to help you avoid all the negative repercussions associated with a DUI.

 

Don’t Drink and Drive—Period

It’s the simplest, but also the hardest, advice to follow. Drink only at your own home or when you know that you won’t be behind the wheel. That way, you don’t have to worry about whether to have a second beer when you’re thirsty, or to have that high gravity microbrew your buddy has been talking about all week. If it’s simply not possible to abstain when you go to the cookout, don’t be afraid to call a cab to take you home. In the long run, it will be far cheaper than a DUI.

 

Have the Party at Your House!

This way, you can have your cake and eat it, too! The only caveat—be careful not to serve alcohol to anyone who appears visibly intoxicated, or to serve large quantities of alcohol to anyone. You might find yourself as a defendant in a dram shop/social host liability lawsuit if that person causes injury to another person.

 

Don’t Make Your Vehicle Stand Out!

The police have to have probable cause to pull you over, but that can be for something as simple as a burned-out tail light, or expired tags on your car. If the officer pulls you over for any legitimate reason, and smells alcohol on your breath, or reasonably suspects that you have been drinking, you can be subjected to a field sobriety test and a blood alcohol test. Make certain everything works properly and that your license and tags are current.

 

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!
There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

 

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

 

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates