State v. Johnson

Robert L. Brown, Justice.

This appeal by the State raises the issue of whether the appellee, Jeffery Johnson, was entitled to be told the results of his blood alcohol test before deciding if he wanted to have a second chemical test performed. The circuit court determined that Johnson could not make an informed decision about a second test, to which he had a statutory right, without knowing the results of the original test. The court found him not guilty of DWI, first offense, and dismissed the charge. The State urges that we declare that the circuit court erred in its reading of the statute.

The…