OWI-4TH DISMISSED AFTER EXIGENT CIRCUMSTANCES CHALLENGE, MARCH 9, 2018

03/09/2018

OWI-4TH DISMISSED AFTER EXIGENT CIRCUMSTANCES CHALLENGE, MARCH 9, 2018

Attorney Richards' client was arrested for OWI-4th offense, a .30 blood-alcohol-level. He challenged that the officers took the client's blood sample without a warrant and without her consent or other exigent circumstances. After a motion hearing, the court determined that the government had no legal basis to take the client's blood, given that they could have obtained a warrant within the three-hour window after the traffic stop.