Schlesinger v. State

OPINION

KIRSCH, Chief Judge.

Charles W. Schlesinger appeals from his conviction for operating a vehicle with a blood alcohol content of at least .08% but not more than 15%, 1 a Class C misdemeanor, raising the following dispositive issue for review: whether the trial court erred in admitting the results of a hospital toxicology blood test where the test was obtained without a warrant and was not necessary for Schlesinger's medical care.

We reverse.

FACTS AND PROCEDURAL HISTORY

On May 10, 2002, after an evening out with friends at various bars, Schlesinger was driving home when he was involved in…