State v. Mann

[¶ 1] After being arrested for driving under the influence in June 2014, Ruthie Michelle Mann refused to submit to a war-rantless blood test. The State charged Mann with refusing to submit to a chemical test, alleging the charge was a class C felony because it was her fourth offense. Mann moved to dismiss the refusal charge, arguing North Dakota’s refusal statute was unconstitutional under the Fourth Amendment and N.D. Const, art. I, § 8; The-district court denied Mann’s motion to dismiss. Mann also sought to bifurcate her trial into separate proceedings involving a determination of whether…