State v. Ratliff

Defendant Jadié Ratliff appeals the district court’s finding that he refused to submit to a blood alcohol concentration test. He contends that his refusal to provide a blood sample did not constitute a refusal to give an evidentiary sample. We reverse.

Defendant was charged with driving while intoxicated under 23 VS.A § 1201(a)(2) and leaving the scene of an accident under 23 VS.A. § 1128. At the time defendant was cited to appear for arraignment on the criminal charges he was given a notice of intent to suspend his license under 23 VS.A. § 1205(a) based upon an allegation that he refused to…