State v. Dubuque

¶ 1. Defendant Damon Dubuque was convicted of a violation of 23 Y.S.A. § 1201(b) (refusing a reasonable request for an evidentiary test after being convicted of DUI). He appeals the denial of a motion to suppress evidence of his refusal to give a blood sample, arguing that he should have been offered a breath test because breath-testing equipment was present in a number of police stations that defendant and the arresting officer passed in a car after defendant’s discharge from the hospital to which he had been taken after an accident. We hold that the breath-testing equipment was not…