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COA: Criminal charges for violating conditions imposed as a result of refusing a warrantless blood draw are constitutional.
State v. Nicholas L. Sparby-Duncan,2024AP1012-CR, 1/6/26, District III (recommended for publication); case activity
In an opinion recommended for publication, the COA affirmed the circuit court’s order denying Nicholas Sparby-Duncan’s motion to dismiss charges for failing to install an ignition interlock device (IID) and operating a motor vehicle with a prohibited alcohol concentration (PAC) above .02. The COA found that the IID and PAC charges did not impose criminal penalties for Sparby-Duncan previously refusing to submit to a warrantless blood draw, although he was required to install an IID – which subjected him to the .02 PAC — as a result of his 2008 conviction for refusing.