State v. RichardsonAnnotate this Case
Defendant was arrested for operating a vehicle under the influence of an intoxicant (OVUII) and was taken to the police station, where he was read an implied consent form. Defendant chose to take a breath test, which resulted in an elevated breath alcohol content reading. Defendant filed a motion to suppress the breath test result, arguing that his consent was coerced by the implied consent form. The motion to suppress was denied, and Defendant was adjudged guilty of OVUII. The Intermediate Court of Appeals (ICA) vacated the district court’s judgment. The Supreme Court affirmed, holding that the result of Defendant’s breath test was the product of a warrantless search. Remanded.