State v. S.D.S.

Our client was involved in a motor vehicle accident and taken to the hospital. After obtaining a search warrant, police drew blood from our client at the hospital. The BCA analyzed the blood sample and reported a blood alcohol concentration of .15. After a contested hearing and briefing, the judge suppressed the blood test result as the state had insufficient foundation to conduct retrograde extrapolation (the blood test was taken minutes outside of 2 hours from the time of driving).

We raised multiple issues to the validity of this blood test result in this case, based on our experience dealing with gas chromatography (the method used to analyze blood samples in Minnesota). Because we won on the first issue we raised, we never were never even given the chance to raise our other challenges!