State v. Yudichak

This is an interlocutory appeal by the state from an order of the district court granting defendant’s motion to suppress the results of a blood alcohol test. The certified question presented for our determination is as follows: “Does the fact that a Vermont State Police Officer requested a blood sample [instead of] a breath sample from the surviving operator in a fatal collision require suppression of the results of that blood sample in a subsequent DWI prosecution?” We answer this question in the affirmative.

This case arose from a motor vehicle accident in which defendant, a Norwich…