Boston v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Brett Boston brings this interlocutory appeal from the denial of his motion to suppress the results of his blood alcohol test.

We affirm.

ISSUES

1. Whether the trial court erred in denying Boston’s motion to suppress.

2. Whether the trial court erred in retroactively applying recent legislative amendments to the applicable statute in its determination of Boston’s claim.

FACTS

On October 11, 2009, Boston was arrested on suspicion of operating a motor vehicle while intoxicated. 1 Boston requested a blood alcohol test, also known as a blood draw. He was…