No Consent, No Conviction on DWI

The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested a blood draw and charged him with Driving While Impaired. We had a motion to suppress the blood draw based on inadequate consent to the blood draw and the results of the blood draw were suppressed due to Mr. Marshall’s ability to convince the court that statutory violations had occurred and the DWI was dismissed.