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Felony DWI – 4th DWI Arrest

Twenty-eight year old client with three prior DWI convictions was stopped for failing to dim high beams.  Client had a strong odor of alcohol, bloodshot eyes and slurred speech.  Client refused to answer basic questions but eventually acknowledged 6 or 7 drinks.  After failing sobriety tests a sample of blood was taken without a warrant.  Test results showed a blood alcohol concentration more than three times the legal limit, 0.244.  Attorney Segura asked the judge to suppress blood results arguing that the sample had been taken without client’s consent due to the officers’ failure to specifically requested a sample and allow client an opportunity to respond.   Prosecutors claimed that client consented because he did not offer any objection when his blood was taken.  Segura presented case law which convinced the Court otherwise.  The judge suppressed the blood evidence and the State dismissed all charges.

 

By : admin | June 22, 2020 | DUI
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