State v. Chaney

DUNN, Chief Justice.

The state brings this intermediate appeal from an order suppressing blood test results entered by Judge Brandenburg of the Eighth Judicial Circuit. The sole issue is whether the chemical analysis of blood taken pursuant to SDCL 32-23-10 is admissible in a ease where driving is not involved and the arrest is for actual physical control of a motor vehicle when the defendant has 0.10 percent or more by weight of alcohol in his blood. We reverse and hold that the blood test results were admissible.

The facts are uncontested. Defendant was found sitting in his car alongside a…