State v. MikawaAnnotate 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. The consent form conveyed a threat of imprisonment and punishment for refusal to submit to a breath test. Defendant subsequently elected to take a breath test, which resulted in a breath alcohol content reading above the legal limit. Defendant filed motions to suppress evidence of his breath test, arguing that he did not constitutionally consent to the breath test because his consent was coerced by the implied consent form. The district court denied Defendant’s motions to suppress. 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 stand.