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Kansas judge suppresses blood evidence in DUI case

A judge in a Kansas drunk driving case has agreed to block the results of the driver's blood test from consideration in court. The man is charged with marijuana possession, second-offense DUI, refusing to submit to a blood test and following too closely. All of these charges are misdemeanors.

Official reports show that the man was transported to local hospital facilities after the crash, at which point he refused to submit to a blood test. He did agree to cooperate with hospital staff, however. Shortly after making that agreement, the man's blood was drawn against his will. In this case, it appears that Kansas law did not support the warrantless collection of the man's blood, even though the state argued that he gave implied consent. Officers argued that they were permitted to draw the man's blood because he was involved in a near-fatal car wreck involving drugs or alcohol.

Indeed, the blood tests show that the man's blood alcohol content measured at 0.25 percent, which is more than three times the legal limit for driving in the state. The driver pinned a pedestrian between two vehicles. The stopped vehicle was illegally stopped in a driving lane. The accident caused the young man's legs to be amputated above the knee, according to official reports.

Now, instead of having empirical evidence to lean upon during the court trial, the prosecutors will have to rely on other information to convince a jury that the man is guilty. The dismissal of the blood alcohol test results has seriously dampened the ability of the state to make a case against the driver.

In such cases, qualified and skilled defense attorneys can help DUI defendants learn more about their rights, allowing them to avoid Fourth Amendment violations. In this case, the officers may have violated the man's rights by performing an illegal search and seizure, which led to the exclusion of evidence and the dismissal of some charges.

Source:, "Blood test results to be suppressed in DUI case in which KU student lost his legs" Stephen Montemayor, Oct. 15, 2013

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