Commonwealth v. RikerAnnotate this Case
The Supreme Court reversed the decision of the Court of Appeals affirming the judgment of the circuit court ordering that the results of blood alcohol tests obtained by the police be suppressed, holding that no statutory violation occurred in this case.
After Defendant was arrested, the arresting officer read the pertinent portion of the statutory implied consent warning to Defendant and asked him to submit to an intoxilyzer test. Defendant agreed to do so, and the result of the test was a .266 blood alcohol level. The district court denied Defendant’s motions to suppress his .266 intoxilyzer result and to dismiss his third offense DUI charge. The circuit court reversed, determining that Defendant had been denied his statutory right to obtain an independent blood test and that his due process right had been violated since the results of the independent test may have provided exculpatory evidence. The Court of Appeals affirmed. The Supreme Court reversed, holding (1) because Defendant failed to argue that any additional assistance by the officer could have resulted in Defendant obtaining a blood test, no statutory violation occurred; and (2) Defendant received due process.