Client was stopped for failure to dim high beams. Officers observed strong odor of alcohol, spilled liquid on client’s shirt, red blood shot eyes, and slurred speech. Client admitted having 6-7 drinks. A blood sample was taken without a warrant with results of .244, more than three times the legal limit. At a suppression hearing, days before trial, Attorney Segura argued that the sample had not been voluntarily given as the officers never specifically requested a sample and did not obtain actual consent. The State argued that client’s failure to object when blood was taken was implied consent. Segura presented case law which convinced the Court otherwise. The judge suppressed the blood evidence and the State dismissed all charges.
State v. T. J. Y.