State v. Wilson

Meyer, J.:

On August 21, 1978, appellee Kenneth W. Wilson (defendant) was arrested for driving while under the influence of alcohol. He was transported to the Johnson County Courthouse where his Miranda rights were read to him. When requested to submit to a chemical breath test, defendant refused. Prior to trial, defense counsel filed a motion to suppress as evidence the fact that defendant refused to take the breath test. The court sustained the motion and this interlocutory appeal by the State follows.

The sole issue in this case is whether the fact that defendant refused to take a breath…