State v. GladmanAnnotate this Case
The district court adjudged Defendant guilty of operating a vehicle under the influence of an intoxicant (OVUII). The intermediate court of appeals (ICA) affirmed. On certiorari, Defendant argued that he did not constitutionally consent to a breath test that was taken after his arrest for OVUII because his consent was coerced by an implied consent form that conveyed a threat of imprisonment and punishment for refusal to submit to a breath, blood, or urine test. The Supreme Court vacated the ICA’s judgment on appeal and the district court’s judgment, holding that the result of Defendant’s breath test was the produced of a warrantless search, and therefore, the motion to suppress should have been granted. Remanded.