Charged with DUI as a result of crashing head on with another vehicle. Once the officer arrived he immediately conducted a DUI investigation and asked the defendant for a blood test. The firm went to the administrative review hearing and argued that the officer did not have authority to ask for a blood draw in this instance as there was no evidence to suggest anyone on the scene received serious injuries and the defendant was capable of giving a breath and/or urine test. The DMV agreed and invalidated the license suspension for the DUI.
DUI & Criminal Division
