Last July, a hit-and-run accident claimed an 18-year-old woman's life. About 90 minutes later, a physician in his mid-50s surrendered to Amherst police. According to court documents, an officer suspected the doctor had been driving while intoxicated, but the doctor refused a blood test.

The doctor now awaits trial on charges of second-degree vehicular manslaughter, second-degree manslaughter, leaving the scene of an accident resulting in death and two counts of tampering with physical evidence. Among the evidence against him are the results of a blood test obtained by the police with a court order.

Defense counsel asked the trial court to exclude the blood test. The court recently denied that request.

After the defendant's initial refusal, police drew up a search warrant application and a court order. For a judge to approve a warrant, police must show probable cause. In this case, officers stated that the suspect had asked "How's the girl? Is she dead?" and had said, later, "I hit something, but I'm not sure what." The application also included an officer's assertion that he smelled "an odor of alcohol" about the suspect and observed that the suspect's eyes were glassy and bloodshot.

The court approved the warrant. Several hours after he walked in to the station, the defendant was escorted to a nearby hospital where several vials of his blood were drawn. Police say the test showed a 0.10 BAC.

The case against the defendant turns on the test results. Without evidence that the doctor was driving while impaired, prosecutors cannot move ahead with the vehicular manslaughter charge. A conviction requires proof that driving drunk was the direct cause of the victim's death.

Defense counsel argued that the police lacked probable cause to obtain the blood sample. The odor of alcohol and "glassy, bloodshot eyes" weren't enough for a DWI. He added that the blood draw itself -- three vials -- exceeded the scope of the court order, which approved one blood draw.

The trial judge explained that the questions about the blood draw were really for a jury to decide. The jury, then, will know the results of the BAC test but will also hear defendant's arguments about probable cause.

The trial is scheduled for April.

Source: Buffalo News, "Corasanti blood test ruled OK in fatal hit-run," Patrick Lakamp, Jan. 14, 2012