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State v. Schmidt

Defendant's refusal to provide a second breath sample did not preclude his right to an independent blood test.

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Following the grant of Roy Schmidt’s motion to suppress the results of his Intoxilyzer 5000 breath test in this DUI prosecution, the State appeals, contending that the trial court improperly found that the State failed to reasonably accommodate Schmidt’s request for an independent blood test. For the reasons set forth below, we affirm.

When an appellate court reviews a trial court’s order concerning a motion to suppress evidence, the appellate court should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment.

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