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KUNTZ v. STATE HIGHWAY COMM'R

Civ. No. 11273.

405 N.W.2d 285 (1987)

Jeffrey Michael KUNTZ, Appellant, v. STATE HIGHWAY COMMISSIONER, Appellee.

Supreme Court of North Dakota.

April 29, 1987.

Attorney(s) appearing for the Case

Pulkrabek & Tuntland, Mandan, for appellant; argued by Thomas M. Tuntland.

Steven F. Lamb, Asst. Atty. Gen., State Highway Dept., Legal Div., Bismarck, for appellee.

MESCHKE, Justice.

Jeffrey M. Kuntz appeals from a district court judgment upholding the Highway Commissioner's decision to revoke his driver's license for two years, under §§ 39-20-04 and 39-20-05, N.D.C.C., for refusing to take an intoxilyzer test. We hold that a person arrested for driving under the influence of intoxicating liquor has a qualified statutory right to consult with an attorney before deciding whether or not to submit to a chemical test. We...

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