State v. Bernard

OPINION

ROSS, Judge.

William Bernard was arrested for suspected drunk driving and refused to take a breath test requested by police under the state’s implied consent law. The state charged Bernard with the crime of test refusal. The district court dismissed the charge, reasoning that the Constitution prohibits the state from criminalizing refusal to submit to a search that could not be compelled without a warrant. We reverse because the state may prosecute a suspected drunk driver for test refusal under the implied consent law when the requesting officer had other lawful means to obtain a…