Ebel v. State
445 S.W.3d 553
Ark. Ct. App.2014Background
- Christopher David Ebel was arrested after an officer observed erratic driving and signs of intoxication; field sobriety tests were performed.
- A breathalyzer administered at the sheriff’s office at 2:09 a.m. registered a BAC of .089%.
- Ebel requested an independent, paid chemical test; Officer Pruitt transported him to Mercy Hospital for the test.
- At the hospital, Ebel’s debit card was declined twice; he then asked to call his parents to bring money, and the officer denied that request.
- Ebel moved in limine to exclude the breathalyzer results under Ark. Code Ann. § 5-65-204(e), arguing the officer failed to permit and assist him in obtaining the independent test.
- The trial court denied the motion, finding the officer provided reasonable assistance by transporting Ebel to the hospital and that the inability to secure payment, not officer refusal, prevented the second test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether breath-test results must be excluded because officer failed to permit/assist independent test under Ark. Code § 5-65-204(e) | Ebel: officer unreasonably refused to let him call parents to obtain funds, so officer failed to assist; results should be excluded | State: officer substantially complied; transporting to hospital and submitting card constituted reasonable assistance; failure to pay, not officer, prevented test | Court: Affirmed — officer provided reasonable assistance and substantially complied; no exclusion |
Key Cases Cited
- Kay v. State, 46 Ark. App. 82 (officer must advise and reasonably assist; assistance judged under circumstances)
- Reynolds v. State, 96 Ark. App. 360 (initial test admissible if substantial compliance with statute)
- Graham v. State, 389 S.W.3d 33 (appellate review of admission of evidence: abuse of discretion standard)
- Mhoon v. State, 369 Ark. 134 (trial court credibility and factual findings on compliance are controlling)