State v. ParkerAnnotate this Case
Defendant was arrested for suspicion of operating a vehicle under the influence of an intoxicant (OVUII). Thereafter, Defendant was taken to the police station, where he was read an implied consent form. Defendant decided to take a breath test, which resulted in an elevated breath alcohol content reading. Defendant moved to suppress the breath test results on the basis that he did not knowingly or voluntarily consent to breath or blood testing. The district court denied the motion and convicted Defendant 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 due to the coercion engendered by the implied consent form.