Nelson v. State

Marshall, Judge.

The question presented in this appeal is whether or not the results of a breath test are rendered inadmissible by the failure of the arresting officer to advise the appellant at the time of his arrest that he may have another test administered by a qualified person of his choosing in addition to the one administered by the arresting officer.

At the hearing of appellant’s motion to suppress the results of the intoximeter test, the two arresting officers testified that prior to administering the test, the appellant was advised only of his right to have either a blood test or a…