City of West Fargo v. Williams

McEvers, Justice.

[¶1] The City of West Fargo appeals from a district court order suppressing evidence of Tyler Clark Williams' refusal to submit to a chemical test, arguing N.D.C.C. § 39-20-02 contemplates an arrestee only has a statutory right to an independent test if he has already submitted to the chemical test requested by law enforcement. We reverse the district court order and remand for proceedings consistent with this opinion.

I

[¶2] On May 7, 2018, a law enforcement officer conducted a traffic stop on Williams. Upon speaking with Williams, who admitted he had been drinking, the…