State v. ShimkusAnnotate this Case
Defendant was arrested for operating a vehicle under the influence of an intoxicant (OVUII) and taken to the police station. After reading an implied consent form, Defendant elected to take a breath test. Defendant filed a motion to suppress the breath test result. The district court denied the motion. Defendant was subsequently found guilty of OVUII. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment on appeal and the district court’s judgment, holding that, in accordance with State v. Won, the result of Defendant’s breath test was the product of a warrantless search. Remanded.