 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Schall12/16/2002
he decision to take the blood draws in a timely fashion. There was clear indication that the procedure would provide evidence of Schall's blood alcohol level. The second Sutherland criterion is satisfied.
The third prong of the Sutherland test requires that exigent circumstances exist for police proceeding without a search warrant. Sutherland, 683 P.2d at 1194. Because alcohol dissipates quickly in the blood, exigent circumstances exist "when time has elapsed while the driver is transported to a hospital and the investigating officer is detained at the accident scene." Shepherd, 906 P.2d at 610. In this case, Schall had been airlifted to a hospital. Exigent circumstances existed for investigating officers at the scene to direct a hospital blood draw. The third Sutherland criterion is satisfied.
Finally, a blood test must be a reasonable one, and must be conducted in a reasonable manner. Sutherland, 683 P.2d at 1194. A blood test is reasonable when it is "an effective means of determining the degree to which a person is under the influence of alcohol." Shepherd, 906 P.2d at 611. The police conduct the test in a reasonable manner when it is "administered in a hospital according to accepted medical practice." Id. There is no challenge in this case to the means the police chose to extract and test Schall's blood. The test was administered in a hospital, presumably in accord with accepted medical practice. The fourth Sutherland criterion is satisfied.
III.
Accordingly, we reverse the trial court's suppression order and remand this case for further proceedings consistent with this opinion.
Page 1 2 3 4 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|