State v. Miller

NEUMANN, Justice.

The State has appealed from an order suppressing the result of a blood alcohol test. We dismiss the appeal.

Bradley John Miller was involved in a one-vehicle accident between 2 and 2:30 a.m. on October 27, 1992. When Cass County Deputy Sheriff Mike Grande arrived at the scene at 8:50 a.m., he noticed “an odor of an alcoholic beverage from” Miller. After Miller was transported to a hospital, Grande arrested him for driving while under the influence of intoxicating liquor. Grande had a nurse draw a sample of Miller’s blood for alcohol testing at 11:30 a.m. The test result showed…