Client collided with stationary police car and had strong odor of alcohol. Client admitted to 4 drinks at bar and failed sobriety tests. Blood test revealed alcohol concentration of .18. At trial, DPS trooper agreed that prior to administering sobriety tests he observed no impairment of mental or physical faculties. Attorney Segura convinced the judge to suppress blood test results because a proper chain of custody could not be established and argued that detention of client for purpose of conducting a DWI investigation was unconstitutional. The Court then granted defense motion for Instructed Verdict of Not Guilty.
State v. W. A. E.