State v. KernstockAnnotate this Case
After being arrested for operating a vehicle under the influence of an intoxicant (OVUII) Defendant was taken to the police station, where he was read an implied consent form. Defendant subsequently elected to take a breath test, which resulted in a breath alcohol content reading above the legal limit. Defendant filed a motion to suppress the breath test results. The district court denied Defendant’s motion to suppress, and Defendant was convicted of OVUII. The Intermediate Court of Appeals affirmed. The Supreme Court 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, and therefore, Defendant’s OVUII conviction could not be upheld.