State v. Smith

McEVERS, Justice.

[¶ 1] Joseph Smith appeals from a district court criminal judgment and conviction entered on a conditional plea of guilty for driving under the influence of an intoxicating liquor (“DUI”), in violation of N.D.C.C. § 39-08-01, a class B misdemeanor. Smith argues the district court erred in denying his motion to suppress evidence that he claims was obtained in violation of Missouri v. McNeely, — U.S. -, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), and his constitutional rights under the Fourth Amendment to the United States Constitution, and Article I, Section *6018 of the North Dakota…