Supreme Court of Vermont May 1, 1998, 97-186 & 97-187 (State v. Nemkovich)

Amestoy, C.J.

In this DUI prosecution, the district court suppressed evidentiary breath test results in both the civil-license-suspension and criminal proceedings on grounds that the police had obtained an invalid waiver of defendant’s

Miranda

rights, thus tainting defendant’s subsequent written waiver of his right to counsel under the implied consent statute.