State v. Salter

KAPSNER, Justice.

[¶ 1] Patrick Salter appeals from his conviction for driving under the influence of an intoxicating liquor in violation of N.D.C.C. § 39-08-01, entered upon a conditional plea of guilty after the district court denied his motion to suppress. Salter argues the district court erred in denying his motion to suppress because he did not voluntarily consent to blood-alcohol testing. We affirm, concluding Salter’s consent was implied and he did not affirmatively withdraw his consent.

I

[¶ 2] On October 14, 2007, North Dakota Highway Patrol Trooper Derek Arndt stopped Salter’s vehicle.…