People v. Underwood

Defendant was convicted by a jury in district court of operating a vehicle while impaired — second offense, MCL 257.625(b)(3); MSA 9.2325(2)(3). He was sentenced to a fine of $500 or thirty days in the county jail. Defendant appealed as of right to the Oakland Circuit Court, but his appeal was dismissed. This Court granted defendant’s application for leave to appeal.

We reverse defendant’s conviction because defendant was effectively denied his statutory right to have a blood test.

MCL 257.625a(5); MSA 9.2325(1X5) provides, in part:

A person who takes a chemical test administered at the request…