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Blood test in DUI case can be suppressed, judge rules

Published on -10/16/2013, 9:23 AM

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LAWRENCE, Kan. (AP) -- A Douglas County judge has ruled a blood test from a DUI case in Lawrence will be suppressed, rejecting the state's argument that the test was lawful.

The Lawrence Journal-World reported Tuesday (http://bit.ly/1ap8keN ) that Douglas County District Judge Kay Huff granted Julian M. Kuszmaul's motion to suppress the results of a blood test.

Kuszmaul is awaiting trial on four misdemeanor charges after an accident in August 2012 that forced doctors to amputate the legs of Colby Liston, who was pinned while standing behind a parked car.

Kuszmaul refused to consent to a blood test but had his blood drawn at a hospital.

The state argued that the implied consent statute made the blood test lawful. Judge Huff ruled officers should have obtained a search warrant before Kuszmaul's blood was drawn.

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