State v. Helm
North Dakota Supreme Court
1Opinion of the Court
McEvers, Justice.
[¶ 1] The State appeals from an order granting Steven Helm’s motion to dismiss a criminal prosecution against him for refusing to submit to a warrantless urine test incident to arrest. We conclude the State may not criminally prosecute Helm for refusing to submit to the warrantless urine test incident to arrest, and we affirm the order.
I
[¶ 2] At 1:30 a.m. on May 5, 2016, a law enforcement officer observed Helm driving a motor vehicle without headlights. After interaction with Helm during a traffic stop, the officer suspected Helm was driving under the influence of a…
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