The Client was involved in an accident. She was not injured but was taken to the hospital anyway. Once the Officer met with the Client he noticed that he smelled alcohol on her and that she seemed impaired. She gave both a legal and medical sample of her blood at the hospital, which returned a result that was more than double the legal limit. The Firm deposed the Officer that requested the legal blood sample and discovered it was improperly requested. The State still refused to dismiss the DUI, arguing they still had the medical blood result. The Firm then argued that because there was no injury to the Client, that law enforcement created the medical blood draw by transporting her to the hospital for no reason. The State agreed and dismissed the DUI.
DUI & Criminal Division
