State v. Benoir

Summary

The Vermont Supreme Court affirmed the denial of Dennis Benoir's motion to dismiss a DUI charge and suppress an evidentiary breath test. The court held that Vermont law did not require the State to pay for an independent blood test when the defendant could not pay, and that the hospital's refusal to draw his blood did not constitute interference by law enforcement. The court also rejected the defendant's statutory and constitutional arguments and concluded that the State had fulfilled its obligations.

Holdings

1. Under 23 V.S.A. § 1203a, the person seeking an independent test bears the ultimate financial responsibility for transportation, drawing the sample, and analysis, although the defender general may become responsible when the facility cannot obtain payment and may seek recoupment.
2. A private hospital's refusal to draw an independent blood sample because the suspect could not pay did not constitute prevention or denial of the test by a law-enforcement officer under 23 V.S.A. § 1203a(a); suppression was therefore unwarranted.
3. Neither the Vermont Public Defender Act nor the Due Process Clause of the Fourteenth Amendment or Chapter I, Article 10 of the Vermont Constitution required the State to pay for defendant's independent blood test under these circumstances.

Questions Presented

1. Whether 23 V.S.A. § 1203a required the State to pay for defendant's independent blood test when defendant could not pay.
2. Whether the hospital's refusal to draw defendant's blood constituted prevention or denial of the independent test by a law-enforcement officer, requiring suppression of the State's evidentiary breath test.
3. Whether the Vermont Public Defender Act or the Due Process Clause of the Fourteenth Amendment or Chapter I, Article 10 of the Vermont Constitution required the State to pay for defendant's independent blood test.

Disposition

affirmed