Illegal Arrest and Blood Draw Results in Dismissal of Charlotte DUI
In July 2016, two law enforcement officers with the Charlotte Mecklenburg Police Department alleged that, due to being impaired, a Browning & Long, PLLC client ran a truck that he was driving off the road, crashing it into several trees along the side of the roadway. When officers arrived on scene, our client was not present. After the officers talked to several other people who were at the scene of the accident when they arrived, one of the officers left and found our client nearly half a mile from the accident walking across a parking lot and listening to music. Without doing any standardized field sobriety tests (SFSTs), the officer charged our client with driving under the influence of alcohol and placed him under arrest. Once under arrest, the officer transported our client to a local hospital and had a blood draw performed on our client to determine his blood alcohol concentration (BAC). The results of the blood draw were alleged to be 0.27, more than three times the legal limit of 0.08 or greater.
After more than a yearlong legal battle with the State of North Carolina, the attorneys at Browning & Long, PLLC were ultimately able to get this client’s driving under the influence of alcohol charge dismissed.
Holes in the Police Investigation
To begin, Browning & Long, PLLC’s attorneys argued that the results of the DUI blood draw, that is that our client’s BAC was 0.27, was not admissible into evidence because it was a nonconsensual blood draw done without a warrant. Simply put, our client was restrained against his will during the blood draw and never consented to such.
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