Davis v. Director, North Dakota Department of Transportation

I respectfully dissent. I disagree with Justice Levine’s apparent conclusion that Officer Rumple either did not ask, or did not have the authority to ask, Davis to submit to an Intoxilyzer test at any time after he informed Davis that he was or would be charged with the offense of driving a vehicle while under the influence of intoxicating liquor.

During his testimony at the administrative hearing, Officer Rumple, when asked by the administrative hearing officer when Davis first refused, responded, “His first refusal was out on the highway when he was in ... or about to get into one of the…