Commonwealth of Kentucky v. Christopher Duncan

Summary

The Kentucky Supreme Court held that Kentucky's implied-consent statute does not require an officer to administer a breath test before requesting a blood test from a driver suspected of DUI. It further held that the federal decision concerning warrantless blood draws did not apply because Duncan refused the requested blood test, so no search or seizure occurred and he lacked standing to challenge one. The court reversed the Court of Appeals and reinstated the circuit court's order denying dismissal.