The Law Offices of Palumbo & Renaud

Blood Alcohol Tests Archives

Multiple methods proposed for lowering drunk driving accidents

New Jersey residents might like to know about some of the proposed plans for reducing drunk driving crashes. The National Transportation Safety Board wants to lower the legal blood alcohol level from .08 percent to .05 percent. One is more than 50 percent at risk for a fatal crash when having a BAC of .08 percent, so the NTSB recommends that the legal limit be lowered.

The problems with urine testing for BAC levels

Law enforcement agencies in New Jersey may turn to urine tests only when other toxicology tests are unavailable. This is because urine testing is considered intrusive, and it cannot be performed in the field by police officers. The results of urine tests may also be misleading. The BAC levels revealed by urine tests are sometimes much higher or lower than actual alcohol levels in the body. This is because alcohol may go undetected in urine for up to two hours and remains in the system for as long as 24 hours.

Appeals court says officers didn't need warrant for blood test

A New Jersey appeals court ruled against a DUI defendant who attempted to have the results of a blood alcohol test thrown out. The woman argued that her blood had been drawn without a warrant and that the 2013 U.S. Supreme Court decision in Missouri v. McNeely should be applied to her case. In the earlier case, the Supreme Court had ruled that police officers should always obtain a warrant for a blood draw unless there are exigent circumstances.

New Jersey drivers and drunk driving technology innovations

New Jersey motorists may not be aware that drunk driving kills roughly 10,000 people each year in the United States. A recent event in the nation's capital that was attended by automakers and representatives from the National Highway Traffic Safety Administration revealed new vehicle technology designed to prevent drunk driving. An alcohol detection system that was described as the first of its kind may help prevent drunk driving accidents across the country.

U.S. Supreme Court ruling on DWI blood tests retroactive in N.J.

Two years ago, the U.S. Supreme Court issued a ruling stating that authorities must obtain a search warrant before taking blood samples from drunk driving suspects except in emergency situations. On May 4, the New Jersey Supreme Court said that decision applies retroactively to all cases that had not yet been decided when the U.S. high court's ruling came down in 2013.

How blood alcohol tests work

The results of blood alcohol tests are routinely used as evidence in criminal cases in New Jersey. These tests are most frequently used to document the level of a driver's intoxication in DWI cases. Blood alcohol tests measure the amount of alcohol present in a person's blood at the time of test administration. If the level is above .08 percent, criminal charges may be filed.