The Client was involved in a severe accident where both vehicles were totaled. Once police arrived they noticed that the Client seemed impaired by alcohol and found an open alcoholic beverage in the vehicle. The Client had injuries he was complaining of and was transported to the hospital for treatment. Once at the hospital law enforcement had the Client complete seated sobriety exercises. Afterwards the Officers asked for a blood sample from the Client. The Client refused to give a sample. The Firm investigated the case, including several hours of body camera footage. It was determined by the Firm that the Officers never actually knew how long the Client was going to be treated in the hospital. As a result the request for a blood sample was unlawful. The Firm filed a Motion to Suppress the refusal to give a blood sample. The case was also set for trial following said motion. Days before the motion was to be heard the State agreed to drop the DUI charge.
DUI & Criminal Division
