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State v. Rheaume4/9/2004
Defendant Roy Rheaume was convicted by a jury of driving under the influence of alcohol (DUI), 23 V.S.A. § 1201; this DUI conviction was defendant's third and accordingly classified as a felony. See 23 V.S.A. § 1210(d) (person convicted of three or more DUIs shall be fined not more than $2,500 or imprisoned not more than five years, or both); 13 V.S.A. § 1 ("any offense whose maximum term of imprisonment is more than two years ... is a felony"). Prior to his jury trial where he was convicted, defendant moved to suppress statements concerning his identity. These statements were made in response to questions asked by a Vermont State Trooper during processing. In an effort to suppress the statements, defendant argued that his Miranda rights were violated because he was read the Miranda warnings and subsequently invoked his right to silence prior to questioning by the processing trooper. The trial court denied defendant's motion, finding that "there was no violation of the defendant's Fifth Amendment *1260 rights, rights under the Vermont Constitution or the Vermont Public Defender Act by the process followed by the trooper." At the enhancement proceeding, the prosecution used defendant's date of birth and social security number to identify him and show that he had two prior DUI convictions. Defendant now appeals his felony conviction and the trial court's denial of his motion to suppress the statements. We affirm.
2. On August 31, 2001, a Vermont State Trooper pulled over a speeding vehicle. After the vehicle stopped, the driver, later identified as Roy Rheaume, fled the vehicle and ran into a cornfield. The trooper gave chase, but was unable to see anything in the cornfield. Other troopers arrived on the scene and began searching for defendant. After approximately thirty minutes, defendant was found sleeping in the cornfield. The troopers who apprehended defendant detected a strong odor of alcohol on defendant's breath and saw that he had difficulty walking. Defendant was arrested for DUI.
3. Following the arrest, the troopers took defendant to the station for processing, which was videotaped by the processing trooper. Before defendant was given Miranda warnings, the processing trooper asked defendant several questions. [FN1] After defendant answered these questions, the trooper read defendant the Miranda warnings. In response to the warnings, defendant stated that he did not wish to speak with the trooper and that he wanted an attorney. Following this request, the processing trooper telephoned the on-call public defender. While the trooper had the attorney on the telephone, the trooper asked defendant his name and date of birth. The trooper also informed the attorney, in defendant's presence, that if defendant submitted to a breath test he could be released, but if he refused he would be lodged. Defendant then spoke with the attorney and agreed to take the breath test. After defendant spoke with the attorney, the trooper, continuing to process defendant, asked him for his address and social security number. Defendant answered the processing questions, apparently truthfully.
FN1. The State concedes that these questions were Miranda violative. The trial court found, however, that defendant's responses did not elicit any incriminating information, and defendant did not appeal this finding to this Court.
4. Using defendant's date of birth and social security number, the trooper obtained copies of defendant's two prior DUI convictions: one in 1981 and one in 1997. Following a breath test, the trooper charged defendant with a third DUI offense--a felony.
5. After charges were filed, defendant moved through counsel to suppress the statements and the results of the breath test and to dismiss. The trial court considered
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