State v. Johnston

OPINION

HARTZ, Judge.

The state appeals from the district court’s order suppressing the result of a blood-alcohol test on a blood sample taken from defendant at the request of a physician for the purpose of treating injuries suffered by defendant in a motor vehicle accident. We reverse.

Defendant and the state stipulated to the pertinent facts. Because of injuries sustained while driving a motor vehicle, defendant was transported by ambulance to a hospital. After noting that defendant had received head injuries and detecting an odor of alcohol coming from defendant, the physician in attendance…