State v. Richards

McCORMICK, Justice.

Defendant appeals her conviction by jury and sentence for operating a motor vehicle under the influence of an alcoholic beverage (OMVUI) in violation of § 321.281, The Code. She contends the trial court erred in overruling her pretrial motion to suppress evidence relating to a blood test for alcoholic content. We hold the motion should have been sustained and therefore reverse the trial court.

Two questions are presented. First, did the defendant waive the motion to suppress by disclaiming any objection to admissibility of two implied consent forms at trial? Second, if not,…