.18% DUI Dismissed – Unlawful Blood Draw

Our client was stopped by CHP. CHP called a phlebotomist to draw our client’s blood in a Jack in the Box parking lot. No kidding. His blood was drawn in the parking lot, while he stood at the hood of the patrol vehicle. After a two-day hearing on our motion to suppress evidence under Penal Code section 1538.5, the judge granted our motion and dismissed the case in its entirety.