State v. Baker

Harwell, Chief Justice:

Appellant Ernest Eugene Baker was convicted of driving under the influence (DUI), second offense. He contends, among other things, that the State should have been precluded from prosecuting his case because it failed to offer him a breath test when he was arrested. We disagree and affirm.

I. FACTS

The evening of October 28, 1989, Baker was involved in a collision with another automobile on 1-26 near St. Andrews Road in Columbia. Baker’s car flipped over, pinning him inside, unconscious. He was extracted by emergency personnel and taken to Lexington Memorial Hospital for…