Challenging the Blood Alcohol Test in a New Jersey DUI


Did you know that plea bargaining is not allowed in a DUI prosecution in New Jersey? You can plead guilty, but you’ll simply have to accept the punishment handed down by the court. You may, however, be able to get the charges reduced or dismissed entirely if you can successfully challenge the admissibility of critical evidence, such as the blood alcohol test.

Ways to Challenge a Blood Alcohol Test

One of the best ways to fight a DUI in New Jersey is to challenge the validity of the blood test. To do so, you need to pose legitimate questions about the reliability of the test and the results. Here are some of the questions to ask:

  • Where was the blood test taken and who administered it? Was it done by a licensed doctor or a registered nurse? If the prosecution doesn’t know who took your blood and cannot produce that person to testify at trial, the case may be dismissed.
  • Often, before drawing blood, a nurse or doctor will clean your skin with an iodine swab. Studies have shown that this can have an impact on blood alcohol readings. Ask if that was done. If so, the findings may be subject to challenge.
  • Has the blood alcohol testing machine been properly maintained? When was it last calibrated or serviced? Has it been found to produce inconsistent or false readings in the past?
  • Are you able to conduct an independent test of the blood? Sometimes, police will discard any blood that remains after the initial test. If there’s none left over for you to have an independent test conducted, you may be able to get the charges thrown out.

Contact Attorney Edward M. Janzekovich

To schedule an appointment with an experienced New Jersey DUI defense attorney, contact my office online or call me at 732-257-1137. There is no cost or obligation for your first meeting. Evening and weekend consultations are available by appointment. I accept all major credit cards.