State v. B.L.L. - Gross Misdemeanor DWI reduced to Petty Misdemeanor
On October 2, 2020, our client crossed a centerline and struck semi-truck at highway speeds. After extracting our client form her vehicle, she was transported to the hospital where her blood was drawn by hospital staff and tested at the hospital. It was later determined that our client had a .189 blood alcohol content. She was ultimately charged with 3rd Degree DWI. We were able to point out to the prosecution that the blood test result was not valid. The hospital staff did not use a BCA blood kit, lacked chain of custody, tested serum (not whole blood) and had other “foundational” issues. We were also able to prove the lack of evidence demonstrating impairment. After speaking with the State, our client pleaded guilty to a petty misdemeanor of failing to stay right of center. The DWI was reduced to a 4th Degree DWI, stayed for one year, and will be dismissed provided B.L.L. does not commit a similar offense.