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STATE v. WYROSTEK

No. 10626.

767 P.2d 379 (1988)

108 N.M. 140

STATE of New Mexico, Plaintiff-Appellant, v. Edward S. WYROSTEK, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 10, 1989.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Jacquelyn Robins, Chief Public Defender, Wade H. Russell, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

ALARID, Judge

The state appeals an order suppressing a blood-alcohol test taken from defendant-appellee, Edward Wyrostek (Wyrostek), while he was unconscious and before he had been placed under arrest. Defendant asserts that the Implied Consent Act (Act), NMSA 1978, Sections 66-8-105 to -112 (Repl. Pamp. 1987), requires an arrest before a blood test can be administered to an unconscious person. We disagree...

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