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Source: FOX 59

UPDATED: Fox59 has learned that the current charges against IMPD officer David Bisard will be dropped and that new DUI charges will be re-filed.

Bisard was involved in an on-duty accident that killed motorcyclist Eric Wells, and injured two others. He was suspected of being intoxicated at the time of the accident.

According to reports, there is a single vial of Bisard’s blood that has not been tested and could be used to prove that the original blood alcohol tests taken following the accident were accurate at .19. The original DUI charges were dropped when it was discovered that the test was not administered by a certified lab.

Complete coverage on Fox59 News, First at Four.

PREVIOUS STORY: Newly elected Marion County Prosecutor Terry Curry plans to announce at 1 p.m. Wednesday, his plans on whether to refile drunk driving charges against an Indianapolis police officer accused of being under the influence of alcohol during a fatal crash last summer.

Officer David Bisard was at the wheel of his patrol car on duty on August 6th when he slammed into a trio of motorcyclists on East 56th Street. Eric Wells was killed. Two other riders were injured. A disputed blood alcohol test later showed Bisard with a .19 blood alcohol count.

Former Marion County Prosecutor Carl Brizzi dropped the DUI charge against Bisard because he claimed the blood draw was illegal under recently changed state law.

During his election campaign last fall, Curry issued a legal opinion that the blood evidence could be re-introduced in court to support the DUI count.

“We will seek to re-file the alcohol-related charges against Officer Bisard,” Curry promised at an October news conference. “If reasonable minds can disagree on the validity of the blood draw and the interpretation of the law, then the court should make the ultimate determination on this critical issue.”

Brizzi was criticized for his unilateral decision to exclude the blood evidence, a decision he partially reversed in late October when he announced he would re-introduce the blood draw evidence to support a criminal recklessness charge against Bisard.

Sources inside IMPD have told Fox59 News they were unaware of a change in state law last spring that restricted the location where a criminal case blood draw could occur. Due to that change in state law, the Bisard blood draw was taken at a clinic as opposed to a hospital. A clinic blood draw was permitted before the spring of 2010 but that requirement changed after new legislation passed by the General Assembly.

Sources say IMPD officers were never re-educated on the blood draw protocol changes by Brizzi’s office. Deputy Prosecutor Ed Zych was responsible for that re-education. He was fired by Prosecutor Curry in late December days before he was sworn into office.

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