State v. Bartels

We are asked in these consolidated cases to suppress the results of certain blood alcohol content tests. Each defendant agreed to submit to a test after being told that he or she had the right to have a qualified person administer an additional test "at your own expense." We hold that the quoted language is improper.

I

Each defendant in these cases was arrested for suspicion of driving while intoxicated. The arresting officer properly advised each defendant of his or her Miranda rights, and then asked the defendant to submit to either a BAC Verifier test, a Breathalyzer test, or a blood test to…