State v. Halverson

OPINION

NORTON, Judge.

In this prosecution for DWI, the trial court suppressed the results of respondent’s urine test, based on the state’s failure to offer respondent a choice of a blood or a urine test. We reverse and remand for trial.

FACTS

On March 1, 1987, respondent was arrested for DWI. The parties stipulated there was probable cause for the arrest. Respondent was taken to the Chisago County Sheriff’s Office, where Lindstrom Police Officer Ernest McCarty read him the Minnesota Implied Consent Advisory. Respondent indicated he understood the advisory. Officer McCarty then offered respondent…