Velarde v. State

OPINION

Judge KOSSLER.

Terry Velarde was convicted of felony driving under the influence, driving with a suspended license, failure to stop at the direction of a peace officer, and resisting arrest. On appeal, Velarde raises two claims.

First, Velarde argues that the superior court should have suppressed his breath test result based on trooper interference with his right to an independent chemical test. Specifically, he claims that the trooper interfered with his right to an independent test when the trooper only told him he could have a blood test, not that he could obtain a chemical test other…