The district court had earlier dismissed the charge after finding that defendant was not afforded an opportunity to have an independent alcohol content test conducted.
Defendant argues that the circuit court erred in reinstating the charge.
We reverse and remand. They arrested him after he failed various field sobriety tests. He submitted to two breathalyzer tests, with a result of .14 percent alcohol content. He was then placed in a cell with other prisoners. Defendant testified that, while in the cell, he realized that he had a right to an independent alcohol test.