State v. Gracey

The defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a) (2).

The defendant was arrested on suspicion that she was driving while intoxicated, and taken to police headquarters. The arresting officer asked her to take a breath test, and read to her from what is referred to as an Implied Consent Form. This explained that the defendant had the right to refuse to take the breath test, that she had the right to consult with an attorney before deciding whether or not to take the test, and that in any event she had to make a…