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...
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