United States v. Jerge

MEMORANDUM OPINION

CACHERIS, District Judge.

This appeal questions the extent to which a citizen, stopped for suspicion of driving while under the influence of alcohol, has the right to choose, pursuant to 18 U.S.C. § 3117, the form of chemical test to be administered by a police officer. 1

I

On January 14, 1990, the defendant, Jeffrey Jerge (“Jerge”), was arrested for driving under the influence of alcohol. A criminal information was filed on January 19, 1990 charging him with (1) executing a prohibited U-turn in violation of 18 U.S.C. § 13 (assimilating Section 46.2-845 of the Virginia Code);…