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State v. B.S. – Alleged Refusal and Speeding

B.S. was pulled over for speeding as he left a nightclub. The officer smelled an odor of marijuana and B.S. admitted to have consumed some alcohol. The officer asked B.S. to take a blood test and he agreed. B.S. refused to sign a document releasing the hospital's liability for negligence, and the officer determined that B.S. refused the blood test. At a motion to suppress hearing, Mr. Ryczek cited several court of appeals cases from different states to convince the judge that B.S. could not be considered to have refused the blood test simply because he refused to sign a piece of paper. The law did not require him to release the hospital's liability. Besides, the law provided the hospital with immunity from lawsuit in these cases. After the judge suppressed B.S.'s alleged refusal, the prosecutor dismissed B.S.'s DUI.