State v. Hall

UHLENHOPP, Justice.

The issue in this case is whether refusal to submit to a breath test for intoxication is admissible in evidence when the test itself would not be admissible had it been taken.

Defendant was arrested by a law enforcement officer who claimed that defendant was operating a motor vehicle while under the influence of intoxicants. Without first offering defendant a blood test, the officer requested defendant to take a breath test. Defendant refused.

The county attorney subsequently charged defendant with operating a motor vehicle while under the influence of intoxicating liquor. At…