State v. Masters

I respectfully dissent. I would affirm the decision of the Court of Appeals. The facts of this case do not call for a departure from well-settled law that a police officer is not required *436to affirmatively assist a defendant in obtaining a blood test when that defendant has not first been given a breathalyzer test.

The arresting officer testified that he followed Masters’ vehicle and observed Masters swerve off the road twice and cross over the center line into the lane of oncoming traffic. After stopping Masters, the officer observed that Masters was unsteady on his feet and “glassy-eyed,”…