State v. LeeAnnotate this Case
Petitioner entered a conditional plea to the charges of habitually operating a vehicle under the influence of an intoxicant and of driving while license suspended or revoked. Petitioner subsequently appealed the denial of his motion to suppress evidence of a breath alcohol test that he took after he was arrested. Specifically, Petitioner contended that he did not constitutionally consent to the breath test because his consent was coerced by the implied consent form, which conveyed a threat of imprisonment and significant punishment for his refusal to submit to the test. The intermediate court of appeals affirmed the denial of Petitioner’s motion to suppress. The Supreme Court vacated the lower courts’ judgments, holding that the result of Petitioner’s breath test was the product of a warrantless search because the implied consent form was coercive. Remanded with instructions to enter an order granting Petitioner’s motion to suppress and to allow Petitioner to withdraw his conditional guilty plea as to both charges.