Blood Tests and Urine Tests in Point Pleasant Beach
In Point Pleasant Beach and all of New Jersey, any driver on public roads and highways may be required to submit to a chemical breath test if a police officer has probable cause to believe the driver is drunk or under the influence. Refusing to provide a breath sample may cause the officer to have a blood or urine sample taken for analysis. Other circumstances where a blood or urine test may apply are: (1) injury to the defendant, (2) the driver’s Blood Alcohol Concentration (BAC) is dangerously high, or (3) a police officer suspects narcotic involvement.
Police officers do have the legal authority to force you to provide blood and urine samples. Contra to what is commonly thougth, you do not have a property interest (constitutional right) to your blood or urine. Police officers typically need a warrant from a judge but this is not absolute. There are circumstances that may not require that they obtain a warrant. A warrant might not be needed if a police officer can demonstrate exigent circumstances which precluded him from obtaining a warrant. An exigent circumstance can exist when the officer reasonably believes that evidence will be destroyed, tampered with, or become useless with the passage of time.
If you have been charged with drunk driving in Point Pleasant Beach, call an experienced DWI defense attorney. Carmine R. Villani of Villani & DeLuca, P.C. has the experience, both in and out of court to help you with your DWI charges. Call today for a free initial consultation.