Supreme Court of Arkansas

Ernie Charles Metzner, Appellant v. State of Arkansas, Appellee

May 21, 20152015 Ark. LEXIS 353

Summary

The court affirmed Metzner’s convictions and sentence, holding that the implied-consent statute’s prohibition on giving a chemical test after refusal applies only to the warrantless test requested under the implied-consent law and does not bar obtaining a blood sample under a search warrant supported by probable cause. The court reasoned that the statute contains no express prohibition on warrants and that imposing one would require adding language the legislature did not enact. Justice Wynne concurred in part and dissented in part, concluding that the blood-test evidence should have been suppressed but that its admission was harmless; Justice Hart, joined by Justice Baker, would have enforced the statutory prohibition and reversed the suppression ruling.