My Blood or Breath Were Never Tested; Can I Still Be Accused of Drunk Driving?

Being pulled over by a police officer is always an unnerving experience but things can get even worse when you are accused of drunk driving. You might not even remember all of the specifics of the incident directly because your adrenaline was pumping but it certainly can raise a question if your blood or breath was never tested and the officer intends to charge you with drunk driving.

The officer may suspect after pulling you over for a moving violation that you are under the influence of alcohol or drugs. If the officer does not administer a breath test however, or a blood test, he or she may choose to use a sobriety test. An officer will typically conduct a sobriety test when they suspect that the person in question is intoxicated.

The officer then makes a determination as to whether or not the driver is likely intoxicated. Further tests may be completed at the police station to clarify this. Based on all of the evidence collected over that night, the court can convict a DWI regardless of whether or not a blood test or a breathalyzer happened in New Jersey.

Your criminal defense attorney will have to look into the various issues associated with your arrest and whether or not there are concerns or claims that the police officers may have overstepped their bounds in assuming that you are under the influence of alcohol or drugs. The right attorney can have a major impact on the outcome of your case and should be retained as soon as possible so that you can ask questions about the collection of evidence that how it may be used in your case. You deserve to have an attorney who cares about fighting back when you’ve been accused of DUI- hire an experienced lawyer today.

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.