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State v. Roper6/19/1996
ncluding confessions of the driver, testimony of witnesses, and officers' observations--all of which were available to the State in this appeal. Successful prosecution of DWI charges can be achieved without invading an individual's privacy and bodily integrity, which the privilege here seeks to protect.
III. CONCLUSION
{19} We hold that Defendant's conduct demonstrated an intent to keep the results of his blood test confidential. We also hold that Defendant did not place an element of his defense at issue by simply pleading not guilty. We therefore conclude that the results of the blood test were protected from disclosure under SCRA 11-504 and were properly suppressed. The trial court's judgment is therefore affirmed.
{20} IT IS SO ORDERED.
RUDY S. APODACA, Chief Judge
WE CONCUR:
THOMAS A. DONNELLY, Judge
A. JOSEPH ALARID, Judge
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