Marshell Chidester’s lawyer claims her blood alcohol content was “falsified”

MONROE COUNTY, Michigan (FOX 2) – According to test results read out in court, Marshella Chidester had a blood alcohol level of 0.18 per mille – twice the legal limit – when she crashed into the Swan Boat Club on April 20, resulting in the deaths of two children.

On Thursday, a judge ordered Chidester to stand trial, but her attorney, Bill Colovos, told FOX 2 he plans to refuse the blood draw on the grounds that it was a false positive.

“Someone who has a blood alcohol level of 0.18 per mille will have a slightly slurred voice. You can tell right away,” said Colovos. “The blood alcohol content is, in my opinion, contaminated, and if you subtract the blood alcohol content, there’s just nothing left.”

Cameras caught the 66-year-old woman hurtling through the building and landing about 25 feet inside – where a child’s birthday party was taking place. The impact killed 8-year-old Alanah Phillips and 5-year-old Zayn Phillips and injured more than a dozen other people.

Chidester was charged with two counts of second-degree murder, two counts of driving while intoxicated causing death and four counts of driving while intoxicated causing serious bodily harm. She was acquitted of all charges on Thursday.

The defense argues that the accident occurred because Chidester was having a seizure, like she had suffered before, but her doctor had cleared her to drive at the time of the accident.

Colovos also claims that his client had only had one glass of wine over lunch at a local bar four hours before the accident. In the body camera footage immediately after the accident, she told police about it – and that she “does not want to drive” in her current condition.

Monroe County Sheriff’s Deputy Steven Schmidt testified that Chidester failed several breathalyzer tests. She couldn’t count backwards from 100 or focus on his finger, but she could recite the alphabet.

Chidester was unable to maintain her balance and had watery, bloodshot eyes, Schmidt said. He also said he smelled drugs on her.

“I noticed a small child lying on the ground,” the officer said. “The child did not appear to be breathing or moving.”

Victims and witnesses of the crash also testified on Thursday.

“There was chaos everywhere,” said Lya Sith, a witness. “You could hear babies crying, everyone was screaming. There are many injured.”

Dodds, Alanah and Zayn’s mother, also testified and recalled the last thing she remembered before the accident.

“I went back to the table where my children were sitting while they were eating and that was the last thing I felt,” Dodds said. “I felt like I was unconscious. I don’t remember anything.”

Dodds is suing Chidester and Verna’s Tavern – the bar that allegedly served Chidester wine before the crash.

Given this attention, the defense will file a motion to have the case tried elsewhere.

Chidester is currently free on $1.5 million bail. A plea deal is not currently under discussion and the defense does not expect one to be offered.