I am a college student who was arrested for a 4th offense OWI( within 5 yrs) making my case a felony. The police obtained a blood sample and subsequently sent it off for further analysis at the Crime Lab. They found out already that there was no alcohol in my system at the time of the arrest. The Crime Lab already has indicated that this is true. Does having illegal substances in your blood make the charges any different (looked upon less severely than alcohol) ? But the prosecutor says he is waiting to get the blood work back. I have been to court a few times already but the prosecutor filed to dismiss the case without prejudice. Am I suppose to think that the case is settled? Do I need to pursue other avenues of 'suppressing' the blood sample?Does the recent Supreme Court ruling have any bearing on whether or not the blood sample was taken in a lawful and constitutional way? From what I have read, the Supreme Court ruling says that only in exigent circumstances where the dissipation of alcohol or any other restricted controlled substance is the only deciding factor can a police officer obtain a blood sample without first having a signed search warrant authorized by a judge. Is any of this true?
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