DUI (.129 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. S. (DMC No. 7543) (West McDowell Justice Court TR2007-125118): Mr. S. was pulled over on the freeway for allegedly travelling 95 mph.  He was processed and arrested for an alleged DUI, and when the police officer asked to draw Mr. S.’s blood, he stated “I will have a Doctor draw my blood”.  A search warrant was obtained and the officer’s forcibly took Mr. S.’s blood.  Due to the potential issue regarding Mr. S.’s request for a Doctor, we were able to have the DUI dismissed by the Prosecutor based on a potential “Denial of Independent Test” issue.