State v. Freymuller

Prior to defendant’s trial for drunken driving, he moved to suppress evidence of the breathalyzer test which had been administered to him. The district court granted defendant’s motion. The circuit court affirmed and remanded to the district court for trial. The state appeals to this court.

The stipulated record on appeal to the circuit court shows that when defendant was requested to take a breathalyzer test, he asked the arresting officer: "[D]o I have to take the test?” The officer responded: "[Y]es,” or "yes, you are required to do so by law.” No other conversation concerning the…