.35% DUI Blood Suppressed at Motion Hearing

Our client was arrested after being located in the passenger seat of a truck on a rural road in the desert. The police arrested her for DUI, and took a sample of her blood. The analysis of her blood revealed a BAC of .35%. Our office filed a motion to suppress evidence, which challenged, among other things, whether her blood was drawn in a medically appropriate manner. After a hearing, the judge ruled the prosecution failed to prove that the blood was drawn in accordance with accepted medical practices, and the client’s BAC cannot be used against her at trial. The case is still pending, and will likely go to trial unless dismissed.