923 N.W.2d 109
N.D.2019Background
- Trooper Jeremy Rost stopped Alexis Dowdy for an improper turn; Dowdy admitted consuming five alcoholic drinks and failed field sobriety tests.
- Rost arrested Dowdy for driving under the influence and transported her for a post-arrest breath test, which measured a BAC of 0.168%.
- Rost read an implied consent advisory that included additional language: "and includes being arrested."
- Dowdy moved to suppress the breath-test results, arguing the advisory was inaccurate/coercive and her consent was involuntary.
- The district court reviewed the patrol video, found the advisory complete and the additional language legally correct, concluded Dowdy voluntarily consented, and denied suppression; Dowdy conditionally pled guilty and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the implied consent advisory complied with N.D.C.C. § 39-20-01(3)(a) | State: Rost’s advisory complied; mandatory statutory language was given | Dowdy: Officer added inaccurate/misleading language, so advisory did not comply and results are inadmissible | Court: Advisory was complete and permissible; added wording was legally correct and did not render advisory insufficient |
| Whether Dowdy’s consent to chemical testing was voluntary | State: Totality shows voluntary consent after a complete advisory and affirmative responses | Dowdy: Additional/coercive language coerced her consent, so it was not voluntary | Court: Under totality of circumstances, consent was voluntary; suppression denied |
Key Cases Cited
- State v. James, 876 N.W.2d 720 (N.D. 2016) (standard of review for suppression rulings)
- City of Dickinson v. Hewson, 803 N.W.2d 814 (N.D. 2011) (deference to district court findings on suppression)
- State v. White, 920 N.W.2d 742 (N.D. 2018) (legal questions fully reviewable)
- State v. Fleckenstein, 907 N.W.2d 365 (N.D. 2018) (voluntariness assessed under totality of circumstances)
- State v. Syvertson, 597 N.W.2d 652 (N.D. 1999) (factors for voluntariness inquiry)
- Korb v. N.D. Dep’t of Transp., 918 N.W.2d 49 (N.D. 2018) (mandatory statutory language must be included; additional accurate information permitted if not misleading or coercive)
- State v. O’Connor, 877 N.W.2d 312 (N.D. 2016) (requires use of the specific statutory warning; omission can render advisory insufficient)