State v. Choate

OPINION

DUNCAN, Judge.

The defendant, Billy J. Choate, was convicted of driving while under the influence of an intoxicant and was sentenced to serve one hundred twenty (120) days in the Davidson County Workhouse and fined fifty dollars ($50). On appeal the defendant contends that the trial court erred in overruling his motion to dismiss the D.U.I. charge. We disagree and affirm the judgment of the trial court.

The defendant argues that his due process rights were violated by the police requiring him to submit to a breathalyzer test before he would be permitted to obtain a blood sample at his…