State v. Rossow

Rogosheske, Justice.

Defendant appeals from a conviction of violation of Minn. St. 169.121, subd. 1(d), driving a motor vehicle while his blood-alcohol content exceeded 0.10 percent. The basis for this conviction was evidence of a blood test which showed defendant’s alcohol content to be 0.235 percent. In denying defendant’s motion to suppress this evidence, the trial court found that the test had been taken voluntarily within the meaning of § 169.121, subd. 2, which provides in part:

“Upon the trial of any prosecution arising out of acts alleged to have been committed by any person arrested…