State v. Seems

Pierron, J.;

The State appeals the district court’s dismissal of a driving under influence of alcohol (DUI) case against Monty D. Seems. We affirm.

On March 16, 2002, Officer Timothy Greenwood stopped Seems for an improper left turn. According to Greenwood, Seems had watery eyes, slurred speech, and a strong odor of alcoholic beverages. Seems’ performance on the sobriety tests showed impairment, and he refused to take a preliminary breath test. Greenwood arrested Seems and took him to the police station, where he refused to take a breath test. At the hospital, Seems’ blood was drawn without his…