Wilder v. McCullion

The issue in this implied consent appeal has by agreement been limited to whether there was a refusal because of physical inability.

Petitioner-appellant, Doris L. Wilder, is a fifty-seven year old female who was apprehended for driving under the influence of alcohol on January 22, 1983, at about 6:45 p.m. She intended to take the intoxilyzer test and “blew real hard.” However, after several attempts and repeated instructions, a sufficient volume sample of air to operate the machine properly was not obtained.

Appellant testified that she had fallen on the ice earlier in the day and it did not…