State v. Downing

Defendant was charged with driving under the influence of intoxicants. His pretrial motion to suppress the results of a breathalyzer examination was granted, and the state appeals. We reverse.

The facts leading up to administration of the breathalyzer test are not in dispute. On September 24, 1978, at approximately 1:40 a.m., defendant was arrested for driving under the influence of intoxicants. At the scene of the arrest the officer told defendant he would have an opportunity to take a breathalyzer test. Defendant asked what would happen if he refused. The officer responded that under the…