State v. Fogle

Defendant was convicted of negligent homicide arising out of an automobile accident which resulted *270in the death of a passenger in a vehicle operated by him.

Defendant charges as error the admission into evidence of the result of a chemical' analysis of his breath for alcohol. He argues that he did not voluntarily submit to the chemical test because he was not competent to give such consent. He claims he had the right to refuse the test under, the Implied-Consent Law① and that this implies a voluntary submission. While the statute recognizes that a person may refuse to submit to the test, the…