State v. DR

N/A

OUTCOME: Guilty Plea-DUI 2nd Offense

Habitual motor vehicle offender arrested for DUI 4th offense. Blood was drawn and concluded that DR's BAC was .26. DR failed field sobriety tests on video. Tests were not conducted in accordance with N ... HTSA guidelines. The case turned on an interview with the nurse that conducted the blood draw. The nurse used an alcohol based surgical scrub (Scrub Stat 2.0) to clean the area where blood was drawn. Studies show nurses using this product only to was there hands were registering that they had consumed alcohol when blowing into an intoximeter. This information was provided to the District Attorney and the crime lab. DR entered a plea to DUI second offense, that carried a substantially less penalty than the originally charged offense.