A Dickson County judge has ruled the results of a blood test will not be allowed in the DUI trial of a Charlotte man because the blood was taken without a warrant and against his will. In Dickson County Circuit Court Friday, Judge Larry Wallace granted a defense motion to suppress the test results in the trial of 47-year-old James David Glass of Hayshed Road because there were no circumstances that justified taking the blood sample without first obtaining a warrant. “The court believes the totality of the circumstances should be taken into consideration,” Wallace said Friday. Citing U.S. Supreme Court rulings from 1966 and earlier this year, Wallace said a warrantless, forced blood draw is only justified when there are circumstances in which the time it takes to obtain a warrant would result in the loss of evidence. He said the only exigent circumstance in Glass’ arrest was the dissipation of alcohol in his bloodstream, which the judge said is not enough for a warrantless search. During a May 29 hearing on the motion to suppress, defense attorney Leonard Belmares argued that a Tennessee law that allows police to force a DUI suspect with a previous drunk driving conviction to submit to a blood test violates the U.S. Constitution’s Fourth Amendment protection against search and seizure without a warrant. Belmares said Dickson County Sheriff’s Office Deputy Josh Young had plenty of opportunity to obtain a warrant before taking Glass to Horizon Medical Center where he was forced to submit a blood sample. Assistant District Attorney Brooke Orgain argued that Tennessee’s law is still valid even though a Williamson County judge ruled it unconstitutional earlier this year. Orgain said the state Attorney General is currently reviewing that case for a possible appeal. In delivering his opinion Friday, Wallace did not directly address the constitutionality of the Tennessee law, but instead cited U.S. Supreme Court rulings from 1966 in a California case and April 2013 in a Missouri case in which the high court ruled warrantless blood draws are only allowed under exigent circumstances. Wallace said the district attorney can proceed with its prosecution of Glass on its other evidence but will not be allowed to use the blood test results. Orgain declined to comment on whether the state will proceed with Glass’ trial, whether the district attorney’s office will appeal Wallace’s ruling or how it will impact future DUI arrests. Glass is scheduled to stand trial Nov. 13 for DUI second offense, driving on a revoked license and violation of the implied consent law. He was previously convicted of DUI in Cheatham County in 2009.