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[T] City of Dodge City v. Wipf7/30/2004
enter, Coil was willing and able to transport Wipf to the hospital, where such equipment was readily available. The testing, including the trip to and from the hospital, took less than 2 hours. There is no indication in the record that the police bore the expense of the test. In fact, Coil testified in somewhat vague terms that Wipf handled matters with the hospital. Finally, Wipf was in Coil's custody and under observation for the whole time since arrest. See Gray, 270 Kan. at 797; Standish, 235 Kan. 900, Syl. 1.
Although Wipf initially refused to consent to any blood alcohol testing at the police station, he later withdrew this blanket refusal at the detention center by consenting to a blood test. Although K.S.A. 8-1001(h) provides that "the selection of the test or tests shall be made by the officer," Coil acquiesced in and facilitated the administration of the blood test. Under the plain language of K.S.A. 8-1001(f)(I), which must be construed in Wipf's favor, Wipf had the right to consult with an attorney after completion of the testing. The remedy for a violation of K.S.A. 8-1001(f)(I) is suppression of the evidence. Kelly, 14 Kan. App. 2d at 192. Therefore, the district court did not err in suppressing Wipf's blood test results.
Affirmed.
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