State v. TavaresAnnotate this Case
Defendant was arrested for operating a vehicle under the influence of an intoxicant (OVUII). Defendant was subsequently taken to the police station where she read an implied consent form, which conveyed a threat of imprisonment and significant punishment for refusal to submit to a breath, blood, or urine test. Defendant chose to take a breath test. Defendant was later convicted of OVUII. Defendant filed a motion to suppress the breath test result, arguing that she did not constitutionally consent to the breath test because her consent was coerced by the implied consent form. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and remanded to the district court, holding that, in light of State v. Won, the result of Defendant’s breath test is the product of a warrantless search.