State v. Brown

In this driving under the influence of intoxicants case, the state appeals from the pretrial suppression of the results of the breathalyzer test.

The following facts are not contested. After her arrest, defendant was asked by the arresting officer to take a breathalyzer test. Defendant asked what would happen if she were to refuse. The officer advised her that she had a right to refuse to take the test and that her driver’s license could be suspended for 120 days if she did refuse. He further advised her that she had a right to have an independent chemical test of her blood or urine. He stated…