COMBS v. COM.

No. 97-SC-217-DG.

965 S.W.2d 161 (1998)

Barry W. COMBS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 19, 1998.


Attorney(s) appearing for the Case

David T. Eucker, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Appellant.

A.B. Chandler, III, Attorney General, Matthew D. Nelson, Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which upheld the use of a blood alcohol test in a DUI case which did not involve death or physical injury. Combs entered a conditional plea of guilty pursuant to RCr 8.09 and was sentenced to two years probation.

The issue is whether police may use a search warrant in order to take a suspected drunk driver's blood after the driver has refused to submit to a blood alcohol test pursuant...

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