Sullivan v. Commonwealth

Opinion

ELDER, J.

Mary E. Sullivan appeals from her conviction for driving under the influence of alcohol, her second offense in five years. On appeal, she argues that the trial court erred in finding that the Commonwealth complied with the implied consent law and in denying her motion to suppress the results of her breath test. Contrary to the trial court’s conclusion, she asserts that the facts clearly showed that a blood test was available at another location but that she was incorrectly informed that it was unavailable and, therefore, was not given the opportunity to elect which test she…