Department of Public Safety v. Seay

Johnson, Judge.

Luther R. Seay, Jr., was stopped by a police officer for various traffic violations. After Seay admitted that he had been drinking intoxicants, the officer advised Seay of his implied consent rights and asked him if he would consent to take a state-administered intoximeter test. Seay refused to take the test. The officer then transported Seay to a detention center, arriving at 12:30 a.m. Twenty minutes later, Seay asked a deputy if it would be possible for him to take the requested state-administered intoximeter test. The deputy responded that he would “get back with him.”…