3rd OVI/DUI in Six with Refusal and Forced Blood Draw (State v. J. A.)
Aug 29, 2013OUTCOME: Case Dismissed
Client stopped for Expired License Tag. Client refused all tests including field sobriety tests (which have no penalties for refusing). Third offense in six years so Police took a forced blood draw f ... rom the client. Tested .212. Filed a motion for a suppression hearing. At the hearing the judge found that their was no probable cause to arrest my client because the officer did not have enough evidence that my client was impaired. An odor of alcohol and bloodshot eyes was not enough.