Commonwealth v. Duncan
Annotate this CaseDefendant was charged with driving under the influence (DUI) of alcohol, third offense. Defendant moved to dismiss the DUI charge, claiming that the arresting officer violated Kentucky’s implied consent law by denying him a breathalyzer test and instead ordering a blood test. The district court denied the motion to dismiss, concluding that the officer had the option as to which test may be given in a DUI case. The circuit court affirmed and Court of Appeals affirmed. Defendant petitioned for reconsideration in light of the U.S. Supreme Court’s recent decision in Missouri v. McNeely. The Court of Appeals granted the petition, withdrew its earlier opinion, and reversed the circuit court’s holding. The Supreme Court reversed, holding that when a law enforcement officer has reasonable grounds to believe that a driver is operating a motor vehicle under the influence of alcohol, that officer may request that the driver submit to a blood test in order to determine the driver’s blood alcohol concentration level, and the officer is not required to administer a breathalyzer test prior to the administration of the blood test.
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