State v. Ward

OPINION

COATS, Chief Judge.

Walter Lée Ward was charged with felony driving while intoxicated (DWI). 1 The district court granted Ward's motion to suppress his breath test results. The court ruled that the state had interfered with Ward's rights-based on evidence that the police had affirmatively told Ward that his blood sample would be "stored as evidence" until Ward or his attorney requested that it be analyzed, and that the police had then failed to ensure that the blood sample was preserved.

The state petitioned us to review this ruling, and we granted review. For the reasons set forth…