State, Department of Motor Vehicles & Public Safety v. Kinkade

OPINION

On January 5, 1989, Officer Jerry Edwards of the Nevada Highway Patrol was dispatched to a one-vehicle accident near Las Vegas. Upon arriving at the scene, Officer Edwards determined that respondent, Barbara Kinkade, had been driving the vehicle. In addition, the officer noticed a strong odor of alcohol on Ms. Kinkade’s breath and therefore administered a sobriety test on Ms. Kinkade; respondent failed the test. Ms. Kinkade was then informed of the implied consent law and given the option of taking either a blood or breath test. At that time, Ms. Kinkade chose a blood test and was…