City of Grand Forks v. Barendt

McEvers, Justice.

[¶ 1] The City of Grand Forks appeals a district court order suppressing the results of Thomas Barendt's chemical breath test after the City charged Barendt with actual physical control of a vehicle while under the influence of alcohol. We affirm, concluding North Dakota's implied consent advisory must be read after placing an individual under arrest and before the administration of a chemical test.

*736 I

[¶ 2] According to the facts as agreed to by the parties, in October 2017, while conducting a welfare check in Grand Forks, Officer Luke Wentz observed Barendt slumped over in…