State of Minnesota v. Chad William Mosher, A16-63

Officer found Chad Mosher’s vehicle in a ditch with engine running; smelled alcohol, saw open beer and reported bloodshot eyes and slurred speech.
Officer administered field sobriety tests and a preliminary breath test; Mosher was arrested and taken to the county law enforcement center.
Officer read the implied-consent advisory; Mosher was given the opportunity to consult counsel, declined, and agreed to a chemical breath test.
Breath test showed an alcohol concentration of .14; state charged Mosher with first-degree driving while impaired (alternative theories: alcohol concentration and physical impairment).
Mosher moved to suppress the breath-test results on constitutional grounds; district court denied suppression (no written ruling in record), parties stipulated to state’s evidence preserving the suppression issue for appeal; Mosher convicted on the concentration theory.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mosher's consent to a warrantless breath test was voluntary under the Fourth Amendment	Mosher: consent was involuntary because the implied-consent advisory and surrounding circumstances were coercive	State: consent was voluntary; advisory and opportunity to consult counsel, and facts here, do not render consent involuntary	Court: Consent was voluntary under the totality of circumstances; affirmed conviction

Skinner v. Ry. Labor Execs.’ Ass’n, 489 U.S. 602 (searches of persons for intoxication are searches under the Fourth Amendment)
State v. Dezso, 512 N.W.2d 877 (Minn. 1994) (warrantless searches without probable cause are generally per se unconstitutional)
State v. Brooks, 838 N.W.2d 563 (Minn. 2013) (voluntariness of consent to chemical test judged by totality of circumstances; statutory refusal consequences do not alone render consent coerced)
Richards Asphalt Co. v. Bunge Corp., 399 N.W.2d 188 (Minn. App. 1987) (appellate consideration of consent voluntariness where underlying facts undisputed)
State v. Heithecker, 395 N.W.2d 382 (Minn. App. 1986) (appellate review limited when appellant fails to provide necessary trial transcript)