Well, this is not really a surprise move as part of a vigorous defense. This is the essential evidence for the charge that includes BWI. If it is excluded that charge will be very difficult to prove.
It also shows a weakness of getting a blood sample from a third party (hospital) rather than the police drawing it themselves. It required a warrant that can be challenged.
We still don't know what the BAC was. We now know that Shinopolous said they had a couple of drinks earlier, didn't finish them, and didn't think that Blizzard was drunk. Her testimony doesn't sound very damning since the same could be said for a majority of people that go out for the evening but it does establish they were drinking.
Given the seriousness of the accident I would think that might justify the warrant but I'm not sure how much wiggle room there is in "probable cause". It is based on whether a "reasonable man" would conclude that a crime HAS been committed based on the facts available, in this case as presented in the warrant.
It seems to me the warrant was a little sloppy. Drinking is not a crime. Is 2 drinks excessive drinking (which is a crime when operating a vehicle) ? How long ago did they drink? How much was really consumed? Were the beer cans from an outing last week? If the warrant required convincing evidence of legal intoxication it seems lacking.
All that said, I will make a guess that the BAC was over the limit, why bother to exclude evidence that doesn't hurt you? The BAC may get tossed out but the reality will remain.
This remains a tragedy.
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