Smith v. Commissioner of Public Safety

OPINION

SEDGWICK, Judge.

Appellant was arrested for driving while under the influence, and his license was revoked for failing a blood test. The trial court sustained the revocation. We affirm.

FACTS

Officer Robert Molstad arrested appellant William John Smith for driving while under the influence. Molstad read the implied consent advisory to appellant, who agreed to take a breath test. Appellant failed to provide an adequate sample. Because appellant did not furnish a valid breath sample, Molstad again read the implied consent advisory, and appellant agreed to take a blood test. The officer did…