State v. Vandergrift, 18776
| Court | Supreme Court of South Dakota |
| Writing for the Court | SABERS; MILLER, C.J., AMUNDSON and KONENKAMP, JJ., and WUEST; GILBERTSON |
| Citation | 535 N.W.2d 428 |
| Parties | STATE of South Dakota, Petitioner and Appellant, v. Gale A. VANDERGRIFT, Defendant and Appellee. . Considered on Briefs |
| Docket Number | No. 18776,18776 |
| Decision Date | 01 December 1994 |
Page 428
v.
Gale A. VANDERGRIFT, Defendant and Appellee.
Decided July 19, 1995.
Mark Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for petitioner and appellant.
Sean M. O'Brien, Brookings, for defendant and appellee.
SABERS, Justice
Gale Vandergrift was charged with driving under the influence (DUI). She refused a blood alcohol test (BAT) after being advised of the implied consent law. However, a BAT was conducted for medical purposes and released to the State without her consent. The trial court suppressed the results of the BAT after a pre-trial motions hearing and the State petitioned for discretionary appeal. We reverse and remand for further proceedings.
Vandergrift was in an automobile accident in Brookings, S.D. at approximately 4:00 p.m. on January 22, 1994. While attempting to make a left turn, she struck an oncoming vehicle. She was injured and transported to the Brookings Hospital by ambulance. Police officers detected an odor of alcohol on her breath at the hospital. She admitted she drank three or four beers at a local bar earlier that day. An officer placed her under arrest for DUI and read her the implied consent warning. She refused the officer's request to submit to a blood test and no blood sample was taken by the State. However, under the direction of Vandergrift's treating physician, a blood sample was taken for medical purposes. The sample was tested for blood count and blood alcohol content. Later, police learned that a blood sample had been taken and requested that it be preserved.
At the preliminary hearing, the State called the hospital's lab technician to reveal the results of the BAT. Vandergrift made a motion to suppress the results of the BAT. The trial court granted the motion to suppress, stating that "allow[ing] the evidence ... could lead to the evolution of ... an unwritten policy that if somebody refuses a blood test, then the doctor gives a blood test and then the results will get into evidence[.]" The trial court held this would circumvent the intent of the implied consent law and that the State's sole remedy for a driver's refusal of a blood test is revocation of their license.
1. Whether the implied consent statutes prohibit the admission of a BAT obtained for medical purposes?
"[B]odily substance samples [are] not subject to the exclusionary rule under the Fourth Amendment if they are taken [under certain prescribed circumstances]." State v. Hartman, 256 N.W.2d 131, 134 (S.D.1977) (citing Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). This is because the "elimination of alcohol by natural bodily functions presents exigent circumstances which obviate the necessity of obtaining a search warrant." Id. Notwithstanding the inapplicability of the exclusionary rule to bodily substance samples, the legislature has enacted the implied consent law set forth in SDCL 32-23-10:
Any person who operates any vehicle in this state is considered to have given his consent to the withdrawal of blood or other bodily substance and chemical analysis [thereof] to determine the amount of alcohol in his blood [and any other] substance.
The person shall be requested by the officer to submit to the withdrawal of blood or other bodily substance for chemical analysis ... and shall be advised by the officer that:
(1) If he refuses to submit to the withdrawal or chemical analysis, no withdrawal or chemical analysis may be required unless he has been arrested for a third, fourth or subsequent violation of § 32-23-1, ...;
(2) If he...
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People v. Borchard-Ruhland, Docket No. 112436, Calendar No. 19.
...of other jurisdictions applying similar statutes. See State v. Smith, 84 Wash.App. 813, 929 P.2d 1191 (1997); State v. Vandergrift, 535 N.W.2d 428 (S.D., 1995); State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); State v. Waring, 779 S.W.2d 736 (1989); State v. Zielke, 137 Wis.2d 39, 403 N......
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State v. Smith, 38271-3-I
...control the admissibility of blood alcohol evidence taken by a physician when the defendant was not under arrest. State v. Vandergrift, 535 N.W.2d 428, 430 (S.D.1995); State v. Cribb, 310 S.C. 518, 426 S.E.2d 306, 308 (1992); State v. Waring, 779 S.W.2d 736, 740-41 (Mo.1989); State v. Zielk......
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State v. Rains, 97-638
...779 S.W.2d 736, 740-41 (Mo.Ct.App.1989); Commonwealth v. Hipp, 380 Pa.Super. 345, 551 A.2d 1086, 1093 (1988); State v. Vandergrift, 535 N.W.2d 428, 430 (S.D.1995); State v. Smith, 84 Wash.App. 813, 929 P.2d 1191, 1194 Rains argues that our decision in Oakley is inapplicable based on factual......
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Estate of Tallman, Matter of, 19702
...decision. "Prior to claiming error on appeal, the trial court should have the opportunity to rule on the matter." State v. Vandergrift, 535 N.W.2d 428, 431 (S.D.1995) (quoting State v. Jones, 521 N.W.2d 662, 670 (S.D.1994)); see also State v. Boutchee, 406 N.W.2d 708, 710 (S.D.1987) ("The a......
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People v. Borchard-Ruhland, Docket No. 112436, Calendar No. 19.
...of other jurisdictions applying similar statutes. See State v. Smith, 84 Wash.App. 813, 929 P.2d 1191 (1997); State v. Vandergrift, 535 N.W.2d 428 (S.D., 1995); State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); State v. Waring, 779 S.W.2d 736 (1989); State v. Zielke, 137 Wis.2d 39, 403 N......
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State v. Smith, 38271-3-I
...control the admissibility of blood alcohol evidence taken by a physician when the defendant was not under arrest. State v. Vandergrift, 535 N.W.2d 428, 430 (S.D.1995); State v. Cribb, 310 S.C. 518, 426 S.E.2d 306, 308 (1992); State v. Waring, 779 S.W.2d 736, 740-41 (Mo.1989); State v. Zielk......
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State v. Rains, 97-638
...779 S.W.2d 736, 740-41 (Mo.Ct.App.1989); Commonwealth v. Hipp, 380 Pa.Super. 345, 551 A.2d 1086, 1093 (1988); State v. Vandergrift, 535 N.W.2d 428, 430 (S.D.1995); State v. Smith, 84 Wash.App. 813, 929 P.2d 1191, 1194 Rains argues that our decision in Oakley is inapplicable based on factual......
-
Estate of Tallman, Matter of, 19702
...decision. "Prior to claiming error on appeal, the trial court should have the opportunity to rule on the matter." State v. Vandergrift, 535 N.W.2d 428, 431 (S.D.1995) (quoting State v. Jones, 521 N.W.2d 662, 670 (S.D.1994)); see also State v. Boutchee, 406 N.W.2d 708, 710 (S.D.1987) ("The a......