State v. Ling
Annotate this CaseDefendant was arrested for operating a vehicle under the influence of an intoxicant and taken to the police station, where he was read an implied consent form. Defendant elected to take a breath test, which resulted in an elevated breath alcohol content reading. Defendant moved to suppress the breath test results, arguing that his Miranda rights were violated when he was asked, without Miranda warnings, if he wanted to refuse to take a blood alcohol test and that his statutory right to an attorney was violated. The district court denied the motion to suppress, and Defendant was convicted. The Intermediate Court of Appeals affirmed. The Court of Appeals vacated the judgments of the lower courts, holding that, in accordance with State v. Won, the result of Defendant’s breath test was the product of a warrantless search. Remanded.
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