Result: Charges Dismissed
My client was charged with DUI following a very serious accident in which he was injured and transported to the hospital. The client made his living as a CDL driver but was in his personal vehicle at the time of the accident. In spite of his serious injuries, the Tennessee State Trooper conducting the accident investigation attempted to gain consent for taking the driver’s blood while in the hospital, while my client was fading in and out of consciousness. Since the Supreme Court Ruling in Missouri vs. McNeely, one has a constitutional right to prevent the government from invading their body for blood and blood testing without a search warrant, consent or other exception to the warrant requirement. Waiving a constitutional right requires one to do so knowing and voluntarily. We were successfully able to argue that the attempt to get consent was not voluntarily and knowing since the client was so seriously injured. Without a valid blood test, the state was in no position to use the blood test nor show impairment due to the serious injuries. The blood test was well over the legal limit but an agreement was made to continue the case for one year and the charges were completely dismissed.