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STATE v. MESSNER

Cr. No. 910234.

481 N.W.2d 236 (1992)

STATE of North Dakota, Plaintiff and Appellee, v. Brian Keith MESSNER, Defendant and Appellant.

Supreme Court of North Dakota.

February 20, 1992.

Attorney(s) appearing for the Case

A. Fred Arnason (argued), Asst. State's Atty., Grand Forks, for plaintiff and appellee.

Patrick O. Sogard (argued), Grand Forks, for defendant and appellant.

MESCHKE, Justice.

Brian Messner appeals from a conviction for driving under the influence of alcohol. He asserts that the trial court should have suppressed the results of an intoxilyzer test because he was denied the opportunity for an independent blood test. We disagree, and therefore affirm the conviction.

On February 1, 1991, Officer Jerry Olson of the Highway Patrol was informed that a person driving northbound on Interstate 29 was "all over the road...

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