State v. Lynch

NEUMANN, Justice.

[¶ 1] Rodney L. Lynch appealed from the trial court’s judgment of conviction entered upon a jury verdict finding him guilty of driving under the influence. We reverse and remand for a new trial.

[¶ 2] On June 13, 2000, Rodney Lynch was stopped in his vehicle by Highway Patrol Officer Joseph Brian Knight. Knight observed Lynch had been drinking and conducted field sobriety tests. Knight arrested Lynch and transported him to UniMed Hospital in Minot for a blood test.

[¶ 3] At UniMed, Knight and Lynch were met by Debra Swearson, a medical lab technician. Swearson had a blood kit…