State v. Duff

This is an interlocutory appeal, under V.R.A.P. 5 (b), from a pretrial ruling of the district court granting the defendant’s motion to suppress the results of a chemical test for alcoholic content in the bloodstream. The following question, which the court found to be controlling, was submitted to us:

Does an operator of a motor vehicle who is being processed by a law enforcement officer for suspected DWI and who has not requested the advice of an attorney have a constitutional right to be advised, prior to being requested to make a decision on submitting a sample of his breath or blood for…