.220% BAC – Blood
The police forced their way into our client's home shortly after he was involved in an automobile accident and left the scene. Upon entering the home, the police determined that our client was intoxicated. He was taken for a blood test and the result was a .220%. We filed a pre-trial motion arguing that the police unlawfully entered our client's home without a search warrant. The trial court denied our motion and sentenced our client to jail and a one-year license suspension. But we kept fighting – we appealed.
The appeals court agreed with our argument and ruled that the police unlawfully entered our client's home.
The result: The sentence imposed was reversed and all of the charges were dismissed.