This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was stopped by Officer O’Brien for failing to use a turn signal. Upon smelling alcohol on the Defendant's breath and discovering his license was revoked, Officer O’Brien arrested the Defendant. Officer Stevenson conducted a DWI investigation, including field sobriety tests and a breath test using the IR 5000, which indicated a blood alcohol level of .11 and .12. The Defendant claimed he requested a blood test, which was not provided (paras 2-3).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant: Argued that the IR 5000 breath test results should be suppressed due to a violation of the Confrontation Clause, the test being obtained in violation of the Implied Consent Act, and incriminating statements made without Miranda warnings being issued (para 1).
- State: Contended that the breath test results and the Defendant's incriminating statements were admissible, and that the Defendant was not denied the right to an independent chemical test (paras 6-9, 28).
Legal Issues
- Whether the district court erred in denying the Defendant's motions to suppress the IR 5000 breath test results based on the Confrontation Clause and the Implied Consent Act (para 1).
- Whether the Defendant's incriminating statements should have been suppressed due to a lack of Miranda warnings (para 1).
Disposition
- The Court of Appeals affirmed the judgment of the district court, finding the Defendant guilty of DWI and other driving-related offenses (para 13).
Reasons
-
TIMOTHY L. GARCIA, Judge (JAMES J. WECHSLER, Judge, RODERICK T. KENNEDY, Judge concurring): The Court held that the Confrontation Clause does not require the State to produce a witness to testify about the scientific accuracy and reliability of the IR 5000. The Court found that the Legislature has established procedures to ensure the accuracy of breath tests, and compliance with these procedures does not implicate the Confrontation Clause. The Court also found substantial evidence supporting the district court's finding that the Defendant did not request a blood test, thus not denying him the right to an independent chemical test. Regarding the Miranda issue, the Court concluded that the Defendant failed to preserve this issue for appeal (paras 14-37).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.