State v. HalaAnnotate this Case
After a bench trial, Defendant was convicted of operating a motor vehicle with an alcohol concentration in excess of 0.08. Defendant appealed and filed a motion to suppress the results of two separate blood alcohol concentration tests. The district court denied the motion. Defendant subsequently entered a guilty plea, reserving his right to appeal the denial of his motion. The Supreme Court affirmed, holding that one blood test, drawn more than eight hours after the act of driving, was taken within a reasonable time under the circumstances, and therefore, the district court did not err by denying Defendant’s motion to suppress on this ground.