The case itself wouldn't be dismissed, but the results of the blood draw could be suppressed if they were illegally obtained.
Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
He needs to get a lawyer and fight the charges if he wants to even hope for a dismissal.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
Just because one thing is bad in the investigation doesn't mean that the entire case is dismissed HOWEVER if that piece isn't used in a case it could cause the States case to crumble. Get an attorney to fight this for you.
Yes the evidence (blood test) can possibly be thrown out if the argument is made properly. You should hire an experienced DWI/DUI attorney. If you want to find one here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.