McKIBBEN v. THE STATE

DILLARD, Presiding Judge.

Following a stipulated bench trial, Kirby McKibben was convicted of driving under the influence (per se), driving under the influence (less safe), driving without headlights, and failure to maintain lane. McKibben appeals from his convictions by challenging the trial court’s denial of his motion to suppress evidence obtained in a warrantless blood test. Specifically, McKibben argues that he did not freely and voluntarily consent to the blood test under the standard set forth recently by our Supreme Court in Williams v. State. But because the trial court properly…