State v. Fredette

The State appeals the district court’s interlocutory order suppressing the results of defendant’s breath test in a prosecution for driving while intoxicated (DWI), third offense. The trial court suppressed the test on the grounds that the arresting officer incorrectly informed defendant’s attorney that defendant had only one prior DWI conviction. We reverse.

During the evening of February 8, 1996, a state trooper responding to a report of a one-car accident found defendant lying injured inside his overturned car. The officer noticed the smell of alcohol at the scene, and the dispatcher…