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Sanders v. State12/19/2002
Appellant was the driver of a vehicle involved in an accident, which caused the death of four people and caused severe injuries to a fifth person. The results of his blood alcohol test showed his blood alcohol content to be .188. In his first proposition of error, Appellant contends the results of the blood alcohol test should not have been admitted at trial, as he was not under arrest at the time his blood was withdrawn.
In Guest v. State, 42 P.3d 289 (Okl.Cr.2002), this Court held that under 47 O.S.Supp.1999, § 752(B) a person does not have to be placed under arrest before his or her blood can be withdrawn for drug or alcohol testing. Id. at 291. Appellant recognizes Guest but argues it is distinguishable from his case. First, he argues that unlike the first degree manslaughter charge in Guest, his charges of second degree felony murder have an underlying offense of driving while intoxicated. He asserts that 47 O.S.Supp.1999, § 11-902(A) specifically requires that a blood alcohol test be administered within two hours after the arrest of the person. He argues this requirement was not applied to the defendant in Guest. Therefore, as Guest did not adhere to 47 O.S.Supp.1999, § 11-902(A), it violates the principle of stare decises and should be overruled. Appellant further asserts that the specific provisions of 47 O.S.Supp.1999, § 11-902(A), driving while intoxicated, override the general provisions of 47 O.S.Supp.1999, § 10-104(B)
Both the present case and Guest involved fatality accidents. Although an alcohol related driving offense was the predicate crime in Guest, the charge was first degree manslaughter and the driving under the influence (DUI) provisions of 47 O.S.Supp.1999, § 11-902(A) were not an issue in the case. Therefore, the Court did not discuss any apparent conflicts between 47 O.S.Supp.1999, § 11-902(A) and 47 O.S.Supp.1999, § 10-104(B). The present case appears to offer this Court the first opportunity to address the two statutes.
By its very language, § 10-104(B) specifically addresses fatality accidents, and recognizes the competing concerns involved in such a situation. By stating that the driver of any vehicle involved in a fatality accident must submit to drug or alcohol testing "as soon as practicable after such accident occurs," the Legislature seems to have recognized the unique circumstances of fatality accidents and the importance of getting medical treatment to all those injured as soon possible. The circumstances of the accident may require the providing of medical treatment to the injured to take precedence over any investigation into the cause of the accident.
Further, the statutory language referring to any driver involved in a fatality accident "who could be cited for any traffic offense" recognizes that it may not always be possible to issue a traffic citation or affect an arrest at the accident scene. Due to the circumstances of the particular accident, it may not be possible to come to a conclusion there at the site as to who caused the accident thereby providing a basis for the issuance of a traffic citation or arrest. Section 10-104(B) recognizes the State's need to secure and preserve evidence in an exigent situation where such evidence could otherwise be lost. As this case involves a fatality accident, § 10-104(B) is more specific than § 11-902, and is therefore the applicable provision.
Further, the facts of this case make the two hour provision of § 11-902 inapplicable as Appellant was not arrested until approximately one month after the accident. Section 11-902 applies in a situation where the defendant is placed under arrest at the accident scene or shortly after the accident occurred (for instance at the hospital). Sec
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