State v. Chihanski

NEUMANN, Justice.

Joanne Chihanski appeals from a Grand Forks County District Court judgment of conviction entered upon a jury verdict finding her guilty of driving under the influence. We affirm.

Chihanski argues on appeal the trial court erred when it denied her motion to suppress a statement made without benefit of Miranda warnings. She raises two issues for our consideration: (1) whether the statement “no” made before taking an Intoxilyzer test and in response to a police officer’s question “have you put anything in your mouth since the time of arrest” is testimonial, thus requiring Miranda…