State v. Preston

Phipps, Judge.

Kevin Preston was a driver in an automobile accident that involved a fatality. He was indicted on several charges, including driving under the influence, and he moved to suppress the results of a state-administered blood test. The trial court granted the motion. We find this ruling was in error and reverse.

Under the implied consent statute, 1 a person operating a motor vehicle is deemed to have consented to a chemical test for the presence of alcohol or drugs if he or she has been involved in a traffic accident involving a serious injury or fatality, and if the investigating…