[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 133.]

THE STATE OF OHIO, APPELLANT, v. ARBAUGH, APPELLEE. [Cite as State v. Arbaugh, 1997-Ohio-226.]

Criminal law—Operating motor vehicle while under the influence of alcohol— Evidence—Chemical test to determine intoxication not rendered inadmissible by failure to advise accused of statutory right to another test provided by R.C. 4511.19(D)(3). (No. 96-2736—Submitted March 4, 1997—Decided April 9, 1997.)

APPEAL from the Court of Appeals for Richland County, No. 96 CA 4. __________________ Robert L. Konstam, Mansfield Law Director, and David L. Remy, Assistant Law Director, for appellant. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed on the authority of Hilliard v. Elfrink (1996), 77 Ohio St.3d 155, 672 N.E.2d 166. The cause is remanded to the court of appeals for that court to address appellant’s remaining assignment of error, which was found to be moot.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________