State v. Kunz

OPINION

NORTON, Judge.

The state appeals from a pre-trial order applying the physician-patient privilege to exclude evidence of intoxication in a DWI prosecution. We reverse.

FACTS

Respondent Robert Kunz was charged with two counts of misdemeanor DWI following a single-car accident which occurred on June 30, 1989, in St. Paul. Kunz, a St. Paul police officer, was driving an unmarked squad car. His blood alcohol level was tested only as an internal administrative measure, at police headquarters. Because of an earlier consent decree, that test could not be used in the criminal prosecution, and…