State v. Werner

OPINION

KLAPHAKE, Judge.

Respondent Robert Joseph Werner was lawfully stopped and arrested on an outstanding felony warrant on charges of tax evasion. As police spoke with Werner, they observed indicia of intoxication and, without first giving him a Miranda warning, asked if he had been drinking. Wer-ner’s affirmative response led to the administration of field sobriety, preliminary breath, and Intoxilyzer tests, all of which Werner failed. He was thereafter charged with misdemeanor fourth-degree driving while intoxicated under Minn.Stat. §§ 169A.20, 169A.27 (2004). Following an omnibus…