In People v. Steinhilber , the Kingston District Attorney filed "driving while intoxicated" (DWI) charges against Leroy Steinhilber after he crashed his car on the way home from a local bar.
Steinhilber not only admitted that he consumed ten beers but was taken to a local hospital where a blood test revealed an alcohol content of 0.13%.
After a jury trial, Steinhilber was convicted of two counts of DWI. He was also convicted, after a nonjury trial, of aggravated unlicensed operation of a motor vehicle and was sentenced to 1-4 years in prison to be concurrently served.
On appeal, Steinhilber argued that his blood test and statements to the state trooper were inadmissible, because the resident who attended to him wasn't a licensed physician and the trooper failed to give a Miranda warning.
The Appellate Division, Third Department, disagreed and affirmed Steinhilber's conviction and sentence. As the AD3 observed, "Although this (medical) resident was not yet licensed at the time, the Legislature has long since dispensed with the requirement that a physician be licensed to qualify as a person authorized to draw blood under this statute."
Additionally, because Steinhilber wasn't in custody when he was speaking to the trooper, and the latter spoke with Steinhilber "to ascertain his identity and investigate the circumstances surrounding the accident," a Miranda warning wasn't required.
Moreover, due to his "extensive, persistent and varied criminal history," including "alcohol related offenses" dating back to 1975, the AD3 concluded that the sentence wasn't harsh or excessive, nor warranted a reduction.
Will there be another round?
A mouth of a perfectly happy man is filled with beer.
--Ancient Egyptian Wisdom, 2200 B.C.
To download a copy of the Appellate Division's decision, please use this link: People v. Steinhilber