An officer was dispatched to a crash where the suspect had flipped his SUV on the highway 8 times. The vehicle was on fire and witnesses rushed to the scene and broke the front windshield out with the suspect’s golf clubs and pulled him from the fire. The officer arrived and smelled an odor of alcohol coming from his person, his eyes were glassy and he had slurred speech. The suspect was told he was being investigated for driving under the influence and was read his Miranda rights. The suspect admitted he was coming from a football party and had been drinking. He was asked to give a blood sample to determine his alcohol content on scene and refused that request. The suspect was taken to the hospital for his injuries where the officer again requested that he provide a blood sample to determine the alcohol content of his blood to which the suspect again refused. The firm filed a motion to suppress the refusal to submit to a lawful test of his blood and well as a motion to suppress any statements he made to the officer based upon a Miranda violation concerning the suspect’s right to counsel. Result: Prior to starting the hearing on the Motion to Suppress the State Attorney’s office dismissed the DUI charge.
DUI & Criminal Division
