Q: Husband was hospitalized after a single car accident that left him unconscious. Refused the troopers blood test later.
He did have a serious concussion and head injury when the Trooper asked for a blood test in the ER. Should he expect a license suspension, or more? Am I correct that even though the hospital checked his BAC, that result can not be accessed by investigators?
A: Prior to the Grand Jury, the State can, and usually will, move to revoke the TNDL. The Blood Test is subject to Subpoena. You can Move to Quash, but it will probably be denied. Hire a competent attorney and get ready for the Preliminary Hearing.
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