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Commonwealth v. Lopez10/21/1999
does not reflect the true intent of the total Opinion. Consequently, the above quoted language does not control a situation where a defendant expressly consents to a blood alcohol test in compliance with KRS 189A.103. The language in Combs is incomplete and therefore must be clarified. The holding in Combs relates to those cases prosecuted pursuant to KRS 189A.105 where blood alcohol evidence is obtained pursuant to a search warrant in a DUI case not involving physical injury or death.
The law is so certified.
All concur.
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