Mr. Hyldahl's client was charged with DUI. His primary concern was that his driver's license not be suspended.
He had been arrested for stopped for a traffic infraction in the early morning hours, arrested and taken to the jail. The arresting officer intended to offer the client a breath test. The client agreed to take a breath test, which revealed a blood alcohol concentration greater than 0.08, but also asked that he be transported to the hospital so that blood could be legally drawn in order that the client could obtain an independent testing of his blood. He made this request to the arresting officer and to jail staff.
The jail staff told him that it was not their responsibility to transport him to the hospital for a blood draw and the arresting officer told him that unless he had several hundred dollars in cash, he would not be able to obtain a blood test. Mr. Hyldahl obtained information indicating that the arresting officer had been incorrect in stating that the client would need cash to obtain a blood draw. He filed a motion to suppress the breath test, which was agreed to by the prosecutor. An order suppressing the breath test was signed by the court and presented to the Department of Licensing. The client's drivers license was not suspended, either by the court or the Department of Licensing.