State v. MurphyAnnotate this Case
After being arrested for operating a vehicle under the influence of an intoxicant (OVUII) Defendant was taken to the police station, where she was read an implied consent form. Defendant chose to take a breath test, which resulted in an elevated breath alcohol content. The district court adjudged Defendant 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 Defendant’s consent was coerced by the implied consent form, which conveyed a threat of imprisonment and significant punishment for refusal to submit to a breath test. Consequently, the result of Defendant’s breath test was the product of a warrantless search, and the district court erred by denying Defendant’s motion to suppress the breath test result.