Cop's blood tests called in question

INDIANAPOLIS (WISH) - Officer David Bisard met with IMPD Chief Paul Ciesielski Monday who informed him of his recommendation to terminate his employment with the department. And while Bisard may soon no longer be an officer and is facing seven felony charges for his alleged role in a deadly crash, his attorney is fighting to get his driver license back.

Officer Bisard is accused of killing one person and injuring two others in this crash on 56th Street August 6th. Blood test results indicate he was more than twice the legal limit with a .19 percent blood alcohol content level. But now, his attorney, John Kautzman is arguing against the means in which Bisard's blood was obtained. The court documents he filed state: "…there was no probable cause to believe that the Defendant was intoxicated, nor to offer him a chemical test…"

We've heard the chief of police state that he and his senior staff never suspected Bisard was drunk at the scene, saying he didn't look, sound or smell drunk. And even though Bisard consented to the blood draw, his attorney argues: "…such consent was not freely and voluntarily given, but instead was coercively obtained under the circumstances…"

The Fatal Alcohol Crash Team, a unit within IMPD, requests blood draws in cases involving serious bodily injury and/or a fatality, they do this under a state statute. But Bisard's attorney is arguing against that statute stating: "…said statute is in violation of both the Indiana and Federal Constitution…"

Bisard's attorney John Kautzman argues it's unconstitutional because there was never any probable cause that indicated Bisard was drunk before the blood test.

24-Hour news 8 spoke to Kautzman, who wouldn't go on camera, but said he anticipates more wrangling over how the blood was obtained and will cite cases in which that evidence has been questioned.

Kautzman will appear in court for a hearing on his objection Thursday morning.