State v. Massengale

STREIT, Justice.

Codey Massengale was pulled over for speeding and arrested for driving while intoxicated. He held a commercial driver’s license but was driving his noncommercial vehicle at the time of his arrest. He filed a motion to suppress the results of his breath test, challenging the adequacy of the implied consent advisory read to him before he submitted to the breath test. The district court granted Massengale’s motion. It found Massengale’s consent to the test was involuntary because the advisory was inaccurate. We granted the State’s application for discretionary review. Because the…