A client with a prior operating while intoxicated conviction was charged once again with operating while intoxicated in Shiawassee county. The police were called after he had a 1-vehicle accident and was unconscious. Officers had him checked by emergency responders and took him to the hospital where the client consented to a blood draw. His blood alcohol content came back at almost twice the legal limit.
Attorney DeBruin reviewed the police report and audio/video for errors. She did significant research into when a person is able to legally consent to something like a blood draw and found caselaw that stands for the proposition that someone who has been injured or is otherwise possibly incapacitated is unable to knowingly and voluntarily consent to a blood draw. Attorney DeBruin brought this to the prosecutor’s attention and was able to resolve the case with a minor traffic infraction. The client paid a small fine and the case was closed the same day.