Amalik A. (illegal blood draw)

Patrick John Silva

Practice Area:DUI / DWI

Outcome:Both the 23152 (a) and (b) counts were dismissed as well as the probation violation in exchange to pleading to a dry reckless under cvc 23103.

Description:After a serious auto accident Amalik was air lifted to the hospital. However, prior to leaving the investigating officer had a phlebotomist draw his blood. Amalik was charged with a 2nd time DUI with an alleged .17 BAC, high levels of marijuana in his system, and while still on probation for his 1st DUI. We filed a motion to suppress using a Schmerber v. California argument challenging the illegal blood draw