Blood and Breath Tests

Monmouth County Criminal Lawyer: Blood Alcohol Tests

Do not assume, simply on the basis of a breath or blood test for blood alcohol content (BAC) that you should plead guilty to a charge of drunk driving. If you have been charged with DWI/DUI, and would like to discuss possible defense strategies with an attorney, contact our Red Bank office for a free consultation.

Was your blood alcohol (BAC) test accurate?

Blood and breath tests for blood alcohol content collected after a DWI traffic stop can be challenged successfully. Our defense against admission of evidence gained through your BAC test may include the following:

• The test equipment was faulty
• Sampling methods or preservation of the sample was improper.
• A foreign object was in the mouth during a breath test.
• Prescription medication or mouthwash affected test results.
• The technician or officer administering the test was unqualified to do so.

Our lead attorney, John F. Marshall, is a former DUI prosecutor, and knows how to identify errors in BAC testing. In a recent case, Mr. Marshall was able to show that the Breathalyzer machine used to measure our client's BAC, last calibrated six months earlier, was giving incorrect readings. (Imagine the number of individuals convicted of drunk driving on the basis of that machine during the previous six months!) New Jersey is now adopting the Alcotest 7110 MK III-C breath test machine.

Every situation is unique, and there are a number of defenses to DUI/DWI charges based on blood or breath tests for BAC. If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call toll free 877-450-8301 or e-mail our Red Bank law firm to arrange a free consultation.

New Jersey Police Agencies rely on the breathalyzer to provide the evidence of a suspected drunk driver's blood alcohol concentration in the vast majority of cases. However, there will be occasions when the police will seek to obtain this vital evidence by taking a sample of the defendant's blood for testing and analysis. Typically, the extraction of a blood sample from the body of the defendant in a drunk driving case will occur in the following factual context:

1. Defendant Has Been Injured: Police Blood Samples
2. Defendant Has Been Injured: Hospital Blood Samples
3. Defendant Refuses to Provide a Breath Sample
4. Defendant's Blood Alcohol Content is Dangerously High
5. Defendant's Blood Alcohol Content is Dangerously Low: Suspected Narcotic Involvement

For more information about how our lawyers handle DUI/DWI, traffic, and criminal cases, see the following:

• New Jersey DUI/DWI Law
• Were you really operating the vehicle?
• Does the prosecutor have proof of intoxication?
• DWI Drug Charges
• Breath or Blood Test Refusal
• Multiple DWIs
• License Suspension/Revocation
• Traffic Offenses
• Criminal Law

The Law Offices of John F. Marshall
Red Bank, New Jersey, Lawyers

Servicios del intérprete disponibles - Spanish translation services available