State v. Johnson

VANDE WALLE, Chief Justice.

[¶ 1] Jeremiah James Johnson appealed from a criminal judgment entered after his conditional plea of guilty to a charge of driving under the influence of intoxicating liquor or drugs “and/or” with an alcohol concentration of eight one-hundredths of one percent or greater by weight, in violation of N.D.C.C. § 39-08-01. On appeal, Johnson argues the district court erred when it denied his motion to suppress evidence of his blood alcohol content. We affirm the district court’s denial of Johnson’s motion to suppress because Johnson did not affirmatively refuse to submit…