State v. Ferrier
2010 Minn. App. LEXIS 180
| Minn. Ct. App. | 2010Background
- Police stopped and arrested Ferrier for driving while impaired; a preliminary breath test showed .184.
- At the station, the implied-consent advisory was given; Ferrier asked for a lawyer and was allowed ~45 minutes.
- Ferrier elected a urine test; a female officer monitored, but she did not provide a urine sample.
- Ferrier was given 6–15 glasses of water and three urination attempts over more than an hour; she was warned that failure to provide would be a refusal.
- Ferrier never produced a urine sample and was charged with first-degree refusal to submit to a chemical test; she waived a jury trial and was convicted.
- Issue presented: whether the facts support a district court finding of refusal to submit to testing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nonverbal conduct can constitute refusal under Minn. Stat. § 169A.20, subd. 2. | Ferrier contends only verbal refusal counts. | State argues nonverbal indications may show refusal. | Nonverbal indications may satisfy refusal. |
| Whether the record's circumstantial evidence supports a finding of unwillingness to participate. | State points to opportunities and warnings showing unwillingness. | Ferrier contends record does not prove unwillingness. | Record supports refusal by conduct. |
Key Cases Cited
- State v. Colvin, 645 N.W.2d 449 (Minn. 2002) (nonverbal indicia may establish refusal)
- State v. Williams, 762 N.W.2d 583 (Minn.App. 2009) (plain-language interpretation governs)
- State v. Provost, 490 N.W.2d 93 (Minn. 1992) (state of mind and intent may be inferred)
- State v. Cooper, 561 N.W.2d 175 (Minn. 1997) (intent may be proved by circumstantial evidence)
- State v. Hagen, 529 N.W.2d 712 (Minn.App. 1995) (refusal may be shown by actions indicating unwillingness)
- State v. Collins, 655 N.W.2d 652 (Minn.App. 2003) (circumstantial evidence supports testing-refusal findings)