Client ran off the road and crashed into a fence. When the Trooper arrived, our client was already taken to the hospital. The Trooper arrived at the hospital 1.5 hours after the accident. She smelled alcohol on our client and said he could barely speak. She read implied consent and requested a blood sample. Our client agreed and his blood was 1.5x the legal limit. He was arrested a week later.
Our firm argued that the blood sample was obtained illegally and that the officer never checked to see if our client was given any medication that could have made him unable to talk correctly. Because this was the only evidence that state had, they were forced to dismiss the DUI completely.