State v. Wrzesinski

¶36 I dissent from the Court’s analysis and resolution of Issue One and therefore would not address Issue Two.

¶37 The dialogue between Wrzesinski and Officer Herbst is set forth at ¶ 7 of the Court’s Opinion. As the record reflects, the dialogue is as follows:

Wrzesinski: So why wouldn’t you ask me to take a blood test then?

Officer Herbst: Because we take a breath test is what we do.

Wrzesinski: I want a blood test though.

Officer Herbst: Hold on a second, okay? I’ll explain that to you right now.

¶38 From this dialogue and Wrzesinski’s clear and unequivocal statement: “I want a blood test…