Matter of Goerig

SILAK, Judge.

James Goerig was arrested for driving under the influence of alcohol, I.C. § 18-8004. He agreed to take a breathalyzer test on the condition that the police administering the test remove his handcuffs. The police refused and Goerig did not take the test. The issue presented on appeal is whether Goerig’s conditional consent to take a test to determine blood alcohol content should be considered to be a refusal for the purpose of determining whether his driver’s license should be revoked under I.C. § 18-8002(4). We limit our holding to the particular facts of this case and conclude…