State v. Harrison
Annotate this CaseAfter she was arrested for driving under the influence, Defendant was transported to the hospital for a blood draw. When her handcuffs were removed to facilitate the blood draw, Defendant fled. The State charged Defendant with tampering with or fabricating physical evidence based on Defendant’s leaving the hospital and preventing a blood sample from being drawn. Defendant moved to dismiss the tampering charge, arguing that blood is not evidence until it is removed from the body. The district court denied Defendant’s motion. The jury then found Defendant guilty. The Supreme Court reversed, holding that State v. Peplow is dispositive in this case and that physical evidence of Defendant’s alcohol content is limited to that which is collected for analysis of her blood or breath.
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