NJ Supreme Court Says Cops Don’t Need Warrants to Get Blood in DUIs

On Behalf of | Jul 24, 2018 | Firm News

Westmont DUI lawyerAs a citizen of the United States and a resident of the state of New Jersey, you are afforded certain rights even if you have broken the law. But laws and rights are constantly under scrutiny and constantly changing and evolving from incident to incident.
Recently, the New Jersey Supreme Court passed down a ruling that police do not always need a warrant before drawing blood from a person suspected of driving under the influence of alcohol. It was a 5-2 decision that came about because of a case where a woman was charged in a fatal car accident. She was charged with vehicular homicide, vehicular assault and driving under the influence of alcohol in a crashed that killed one man and injured two others.
It was the totality of the circumstances surrounding the accident that presented exigent circumstances that relaxed the requirement for the police to obtain a warrant prior to drawing blood from the woman. One of those circumstances was that the blood would be metabolized and dissipate as time went on. Another circumstance was that the accident was serious to the point it required extrication with the “jaws of life.”
While attorneys argued against these circumstances providing a reason to draw blood without a warrant, the state supreme court still passed its decision, 5-2. This sets the bar for many future DUI stops and cases.

DUI Conviction Is Life-Altering

In New Jersey, the DUI laws are strict and unforgiving. In fact, all convictions are permanently recorded at the New Jersey Department of Motor Vehicles, which imposes a mandatory insurance surcharge on those drivers that have been convicted. That surcharge amounts to anywhere between $3,000 and $5,000.
As far as penalties go, if you are a first time offender with a blood alcohol content (BAC) between .08 percent and .10 percent then you are looking at a fine between $250 and $400. You will also be detained for up to 48 hours and can be sentenced to jail time of up to 30 days in addition to a license suspension for up to one year.
The penalties only get worse if you have a BAC higher than .10. The fine increases to between $300 and $500 and you face jail time up to 30 days, a loss of driving privileges between seven months and a year, as well as detention time.
If you become a repeat offender, the penalties increase exponentially. But even one DUI conviction can impact your life for the long-term. You will need the help of a criminal defense attorney to fight your charge in New Jersey.

DUI Defense Attorney in NJ Will Fight For Your Rights

There are a variety of ways an experienced attorney can defend against a DUI charge. The good news is that Jill Cohen, Esq. is well-versed in these defense strategies and can help you if you are facing a DUI charge in New Jersey.
With experience and ht the necessary tools to beat your drunk driving charge, Ms. Cohen is the one to handle your case. Do not try and go it alone. Contact her today by filling out the online contact form.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.