State v. Spencer

OPINION

DOWNIE, Judge.

¶ 1 Vi Ann Spencer appeals her convictions for aggravated driving under the influence (“DUI”). She contends evidence about her blood alcohol concentration (“BAC”), obtained from a medical blood draw, should have been suppressed. We agree because Spencer did not voluntarily consent to the treatment that led to the blood draw. We therefore vacate Spencer’s convictions and remand for a new trial that does not include evidence derived from the medical blood draw.

FACTS AND PROCEDURAL HISTORY

¶ 2 Spencer was driving when she swerved off the roadway and hit a guardrail. K.M., who…