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Client allegedly ran car through a lowered cross bar and slammed into the last car of a moving train late at night in San Marco. The car was essentially demolished. The deputy that arrived spoke with client after paramedics were finished with him. He smelled alcohol on the driver’s breath who was unable to do well on the filed sobriety exercises and was arrested for DUI and take to jail. At the jail he was not offered a breath test because he was not allowed admittance by the nurse. The officer transported him to the hospital where the officer alleged he refused a blood draw request. We filed a motion to suppress the refusal of a blood draw as unauthorized because the breath test was not impractical or impossible. We showed the State that even if we were to lose the motion, the client claimed no blood was ever requested and at trial would show the deputy could not remember details about his request for a blood draw and that he left the client with hospital security and went home just moments after arriving at the hospital because he was already way over his shift departure time. The State reduced the charge to Reckless Driving with no conviction.

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