Michigan blood test results thrown out in DUI case due to labeling error

Glassy eyes, poor balance, a large open can of beer: Police in northern Michigan figured they had a strong case of drunken driving, especially after they needed a boat to haul a man out of the Indian River in 2020.

But the test results were thrown out in Cheboygan County because the court order authorizing a blood sample didn’t have the man’s name, only the jail.

The Michigan Court of Appeals affirmed that decision Thursday.

“The warrant did not identify defendant and ostensibly authorized a blood draw from any inmate” at the jail, Judge Christopher Yates said in a 3-0 opinion.

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The prosecutor argued that an attached affidavit with details of the vehicle crash in Tuscarora Township should be sufficient, but the court disagreed.

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The man faces other charges, including resisting police and driving without a valid license. He ran into the Indian River after his SUV landed on its side.