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Prosecutors can use blood test – but not Saraland man’s 6 prior DUI convictions

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Prosecutors can use evidence taken from the blood of a Saraland man accused of causing a fatal drunken driving accident, but they cannot tell jurors about prior convictions for driving under the influence of alcohol, a judge ruled Tuesday.

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The defense agreed that the second blood draw, obtained by a warrant, was legal. But they argued that prosecutors should not be able to use results from the first blood sample. Mobile County Presiding Circuit Judge Wesley Pipes disagreed. Darley said prosecutors used a grand jury subpoena – with no oversight from a judge – to obtain the records “and then use them to prosecute my client for murder.”

All six were misdemeanor convictions. Baldwin County prosecutors originally sought to try Brewer for a felony DUI based on his prior convictions but sent the case to District Court after determining that the defendant did not have a lawyer for any of the previous convictions. That made it impossible for prosecutors to use the prior cases to enhance his punishment.

 

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