State v. Benware

Defendant appeals from a judgment of the Windham District Court that he unreasonably refused to submit to a blood-alcohol test. We affirm.

Defendant was pulled over for a broken taillight by a Bellows Falls police officer. The officer smelled alcohol on defendant’s breath and administered a preliminary screening test. The test indicated a blood-alcohol level of 0.201, an amount in excess of the statutory prohibition of 0.08 or more. 23 VS.A. § 1201. Defendant was arrested for driving under the influence and taken to the police station for DUI processing. Defendant was advised of his rights and…