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Ritter v. State

The arresting officer reasonably accommodated the DUI defendant's request for an independent blood test.

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A Dawson County jury convicted William Ritter of driving under the influence less safe, driving under the influence per se, and failure to maintain lane. On appeal from the denial of his motion for new trial, Ritter argues that his convictions should be reversed for two reasons: 1 his request for an independent blood test was not reasonably accommodated; and 2 the trial court erroneously admitted the inspection certificates for the Intoxilyzer 5000. Finding no error, we affirm. The record shows that at approximately 8:00 p.m. on March 10, 2009, Investigator James Bruhl of the Dawson County Sheriff’s Office stopped Ritter after he drove across the center line twice. Bruhl testified that he approached Ritter’s vehicle and could smell alcohol coming from inside the vehicle when Ritter rolled down his window. Ritter submitted to sobriety field testing, including the horizontal gaze nystagmus test, during which he exhibited four of the six clues, and the alco-sensor test, which was positive for alcohol. Based on Ritter’s performance on the evaluations, his manner of driving and bloodshot eyes, and the odor of alcohol, Bruhl concluded that Ritter was under the influence to the extent that he was a less safe driver and arrested him. Bruhl also testified that he searched Ritter’s car and found an open 12-pack of beer. Bruhl read Ritter the implied consent notice for suspects over the age of 21, then asked Ritter to consent to a breath test. Ritter’s two breath test samples indicated blood alcohol levels of .151 and .150.

1. In his first enumerated error, Ritter argues that the trial court erred in concluding that his request for independent blood test was reasonably accommodated by Bruhl. We disagree.

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