State v. Aguirre

SHERAN, Chief Justice.

This is a pretrial appeal by the state from an order of the district court which suppressed blood test results in a prosecution of defendant for driving while under the influence of alcohol, driving with blood alcohol in excess of .10% by weight, and careless driving and dismissed the prosecution for driving with blood alcohol in excess of .10% by weight. 1 The issue on appeal is this: when an officer — without administering an implied consent advisory, without obtaining voluntary consent, and without obtaining a warrant or arresting the driver, but acting fully in…