The attorney for Indianapolis Metropolitan Police Department officer David Bisard is asking a judge to dismiss new DUI charges that have been filed against his client in relation to the August 6th crash in which Bisard allegedly drove his squad car into three motorcyclists, killing one and injuring two others.
The former prosecutor dropped those same charges a week or so after they were filed saying the tests were improperly administered and could not be used in court.
The blood test revealed Officer's Bisard's BAC content was 0.19 two hours after the crash, which is more than twice the level at which an Indiana driver is considered drunk.
Before the case can go to trial, Marion Superior Court Judge Grant Hawkins will have to rule whether he agrees with the former prosecutor that the initial blood alcohol test was improperly administered.
Hawkins also said he expects the one side other the other will appeal his ruling.
If the blood alcohol evidence is allowed to stand and if Bisard is found guilty, he could face decades in jail.