State v. Berge

OPINION

FORSBERG, Judge.

Appellant Stephen Wayne Berge was found guilty of driving under the influence in violation of Minn.Stat. § 169.121, subd. 1(a), 3(a) (1988). The trial court accepted as the strongest available evidence of guilt appellant’s refusal to submit to a breathalyzer test. Appellant contends this evidence was improperly admitted against him. We affirm.

FACTS

In the early morning hours of May 9, 1989, appellant was caught speeding by the Rice County Sheriff’s Department. When the deputy approached his vehicle to advise appellant of the basis for the stop, the sheriff detected the…