State v. Widmaier

The opinion of the Court was delivered by

STEIN, J.

This appeal primarily requires us to determine what constitutes a refusal to take a breathalyzer test. When defendant John Widmaier was arrested for driving while intoxicated, the arresting police officer asked him to take a breathalyzer test and informed him that his right to consult with an attorney did not apply to the taking of breath samples. Defendant responded to the officer’s request by saying only that he wanted to place a telephone call to his attorney. After the police' officer again instructed defendant that his right to consult…