State v. Overbay
Annotate this CaseRachel Overbay, the driver of a vehicle, was involved in an accident and transferred to the hospital. A law enforcement officer requested a blood sample from Overbay. Overbay, however, was incorrectly informed that her refusal of the requested chemical test would automatically lead to revocation of her driving privileges. In fact, Overbay's refusal of the blood test would not have been deemed final but would have led to her being offered a different chemical test. Overbay agreed to provide the blood sample, and the results showed a blood alcohol content of more than twice the legal limit. The State subsequently charged Overbay with operating a motor vehicle while under the influence of alcohol. The district court granted Overbay's motion to suppress, finding that Overbay's consent to the blood test was not voluntary because it was based on misleading information. The court of appeals affirmed. The Supreme Court vacated the court of appeals and reversed the district court, holding that consistent with precedent, inaccurate information does not render a driver's consent involuntary when the record indicates that the inaccuracy did not affect the driver's decision. Remanded.
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