Westerman v. Louisiana Department of Public Safety & Corrections

LeBLANC, Judge.

This appeal is from a judgment of the district court vacating a suspension of appellee’s driver’s license imposed by the Department of Public Safety (DPS). DPS now appeals this decision. We reverse, finding the district court erred in concluding a person must be informed of his rights relative to a breath alcohol test simultaneously with the request that he submit to that test.

In the instant case appellee, Kenny J. Westerman, was arrested by State Trooper Wilburn McDowell at approximately 2:59 a.m. on April 29, 1989, on suspicion of operating a motor vehicle while intoxicated.…