Chicago DUI attorney comments on DUI charges being dismissed in fatal accident

This Chicago DUI attorney posted here about the Indiana former Top DUI cop being charged with a DUI in a tragic fatal accident.  She can admit to being surprised that the charges have now been dismissed against this police officer.

August 21, Indianapolis, IN:

Why were DUI charges brought against him and then dropped?

State law requires a blood test of drivers involved in every accident involving a serious injury. Bisard took the test about two hours after the crash, a period that police and lawyers said is normal after an accident.

According to an IMPD report, investigators went to Methodist Occupational Health Facility, 1001 S. Eastern Ave., where Bisard was being treated for minor injuries to his arms and to the top of his head, to get a blood draw about 1 p.m. When that sample was later tested, the reading was 0.19. Under Indiana law, a motorist is legally drunk at 0.08.

Police officers who had been at the scene of the accident and in close proximity to Bisard said they had not smelled alcohol on him, nor did he seem drunk. Experts said it would have taken 10 drinks or more to reach a 0.19 level.

Based on the blood test, Bisard was charged with multiple felony counts of DUI and DUI resulting in a death. He was roundly condemned and faced significant prison time. 

But then the charges were suddenly dropped. Prosecutors had learned that the lab tech who drew Bisard's blood sample was not certified under Indiana's DUI laws to do such work for a criminal case. Therefore the test results would almost certainly be inadmissible in court.

It may very well be that the blood draw was faulty.  I doubt that Bisard’s colleagues would have let him respond to an emergency siren if they smelled alcohol or thought he was acting drunk.  Bisard still faces charges of reckless homicide.