New Jersey DWI Chemical Testing Evidence

New Jersey DWI Breath Test Evidence

According to New Jersey DWI Law, to be considered valid, chemical breath analysis must have been performed in accordance with the methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General.

In State v. Chun, the New Jersey Supreme Court issued a landmark ruling regarding the procedure and protocol for breath testing in New Jersey.  The Chun case involved the utilization of the new breath testing machine in New Jersey, the Alcotest 7110 MKIII-C, setting forth the framework for breath testing for the future in New Jersey.

Evan Levow represented the lead defendant in the Chun case, and is the only lawyer in New Jersey to own an Alcotest.

New Jersey DWI Blood Test Evidence

The police do not need an individual's consent to obtain blood.  However, blood cannot be forcibly taken from an individual in New Jersey.  Unlike other states, there is no such thing as Refusal to submit to a blood test in New Jersey.

For blood results to be admissible, the State must establish that the blood sample was drawn in a medically acceptable manner, by a person qualified to perform that function. If the NJ DWI defendant was injured and had his blood drawn by medical personnel for medical purposes, the results of any analysis done by the hospital is confidential.  If challenged, the State must show that the blood sample was properly preserved and that the testing results are reliable.

There are two leading cases in New Jersey regarding blood testing evidence, State v. Renshaw and State v. Kent.  Evan Levow represented the defendants in those cases.

New Jersey DWI Urine Test Evidence

Your Rights In Regard to New Jersey DWI blood, breath and urine testing

Understand your rights and options in regard to chemical testing in NJ.

For a Free Consultation, please call Levow & Associates, P.A. at 856-429-8437 to discuss your options.