|Case Forum:||Michigan Supreme Court|
|Keywords:||OUIL statute, chemical tests, "timely manner"|
A. Lee Kirk
The Court of Appeals made significant errors of law in deciding this case by relying on dicta and erroneous holdings from
Michigan Supreme Court:
|MSC requested LDF amicus brief?||No|
On a September evening in 1995, the defendant was driving east on I-94 in Kalamazoo County. He had been drinking. At some point between 10:30 p.m. and 10:42 p.m., he collided with a truck that had stopped on the shoulder. The driver of the truck was seriously injured. The Kalamazoo County Sheriff Department was dispatched to the accident scene at approximately 10:45 p.m. The defendant was taken to Borgess Hospital, where a deputy administered a preliminary breath test at approximately 12:27 a.m. The test showed an alcohol level of .09 percent. The deputy then requested that the defendant submit to a blood test, which was administered at approximately 12:50 a.m. Again, the result was an alcohol level of .09 percent. The defendant was charged with a felony punishable by up to five years in prison operating a vehicle while under the influence of intoxicating liquor, causing the victim to suffer a serious impairment of a body function.