City of Sunnyside v. Fernandez

Discretionary review was granted Rudy O. Fernandez to review his conviction for driving while intoxicated. He argues the BAC Verifier DataMaster breath test results should be suppressed because he had blood in his mouth at the time the test was administered.

On April 30, 1988, the Sunnyside Police Department received a report of a 1-car accident. When officers arrived at the accident scene, no vehicle occupants were found, but several open beer cans were lying in the overturned Ford Bronco. The officers were informed two people were being treated in the emergency room of a nearby hospital for…