State v. Vigen

Jensen, Justice.

[¶1] Brent Vigen appeals from a criminal judgment entered after his conditional guilty plea to driving under the influence. Vigen argues the district court erred in denying his motion to suppress after the court's finding that a modified implied consent advisory satisfied the requirements of N.D.C.C. § 39-20-01(3)(a). We reverse the judgment and remand for further proceedings to allow Vigen to withdraw his guilty plea.

I

[¶2] Vigen was arrested and charged with driving under the influence. Vigen was read the then applicable implied consent advisory required by N.D.C.C. §…