Schmidt v. Levi

CROTHERS, Justice.

[¶ 1] Bo Daniel Schmidt appeals from a district court judgment affirming a Department of Transportation hearing officer’s decision to suspend his driving privileges. Schmidt argues the implied consent advisory was misleading, the chemical test was a warrantless search and North Dakota’s refusal statute is unconstitutional. We affirm.

I

[¶2] Dickinson Police Sergeant Mike Hanel arrested Schmidt for driving under the influence after observing Schmidt’s vehicle traveling in the wrong lane and weaving towards a curb. Hanel stopped Schmidt and smelled alcohol in the vehicle.…