People v. Millner

This case began with the arrest of defendant, David W. Millner, in Marion County for driving under the influence of alcohol. At the time of his arrest, defendant was warned that refusal to take a breath test would result in summary suspension of his driver’s license. Whether defendant was also warned that evidence of his refusal could be used against him is contested. Defendant refused the test. After being charged with driving under the influence of alcohol, defendant filed a motion in limine to prevent the State from using evidence of his refusal to take the breathalyzer test, claiming he…